Us Code § 12313 - Reserves: release from active duty
Full text of Us Code United States Code § 12313 — Reserves: release from active duty, with citation guidance and answers to common questions.
§ 12313. Reserves: release from active duty
(a) Except as otherwise provided in this title, the Secretary concerned may at any time release a Reserve under his jurisdiction from active duty.
(b) In time of war or of national emergency declared by Congress or the President after January 1, 1953, a member of a reserve component may be released from active duty (other than for training) only if—
(1) a board of officers convened at his request by an authority designated by the Secretary concerned recommends the release and the recommendation is approved;
(2) the member does not request that a board be convened; or
(3) his release is otherwise authorized by law.
This subsection does not apply to an armed force during a period of demobilization or reduction in strength of that armed force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 31, §681; renumbered §12313, Pub. L. 103–337, div. A, title XVI, §1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 681(a) 681(b) |
50:967(a). 50:967 (less (a)). |
July 9, 1952, ch. 608, §239, 66 Stat. 492. |
In subsection (a), the word "title" is substituted for the word "chapter". The provisions of this title relating to active duty of Reserves are based on the Armed Forces Reserve Act of 1952. The words "under his jurisdiction" are inserted for clarity. The words "or active duty for training" are omitted as covered by the words "active duty".
Subsection (b) is substituted for 50:967(b). Clause (3) is inserted, since other provisions of law are necessarily exceptions to the general rule here stated.
Editorial Notes
Amendments
1994—Pub. L. 103–337 renumbered section 681 of this title as this section.
About This Section
10 U.S.C. § 12313 is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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