Us Code § 8386 - Members of the Fleet Reserve and Fleet Marine Corps Reserve: release from active duty
Full text of Us Code United States Code § 8386 — Members of the Fleet Reserve and Fleet Marine Corps Reserve: release from active duty, with citation guidance and answers to common questions.
§ 8386. Members of the Fleet Reserve and Fleet Marine Corps Reserve: release from active duty
(a) Except as provided in subsection (b), the Secretary of the Navy may, at any time, release any member of the Fleet Reserve or the Fleet Marine Corps Reserve from active duty.
(b) In time of war or national emergency declared by Congress or by the President after January 1, 1953, a member of the Fleet Reserve or the Fleet Marine Corps Reserve, without his consent, may be released from active duty other than from active duty for training only if—
(1) a board of officers convened at his request by an authority designated by the Secretary 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 during a period of demobilization or reduction in strength of the Navy or the Marine Corps.
(Aug. 10, 1956, ch. 1041, 70A Stat. 417, §6486; renumbered §8386, Pub. L. 115–232, div. A, title VIII, §807(b)(17), Aug. 13, 2018, 132 Stat. 1836.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6486 | 34 U.S.C. 854d (3d proviso). | June 25, 1938, ch. 690, §205 (3d proviso); added July 9, 1952, ch. 608, §808, 66 Stat. 508. |
| 34 U.S.C. 854 (note). | July 9, 1952, ch. 608, §803 (3d sentence), 66 Stat. 505. |
In subsection (a) the words "or active duty for training" are omitted as covered by the term "active duty" as used in this revised title.
In subsection (b) the words "other than from active duty for training" are inserted since the term "active duty" as used in 34 U.S.C. 854d (3d proviso) does not include active duty for training. Clause (3) is inserted, since other provisions of law are necessarily exceptions to the general rule here stated. The words "or the Marine Corps" are inserted in the last sentence of subsection (b) to reflect the applicability of the section to the Fleet Marine Corps Reserve.
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 6486 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
CHAPTER 847—DEATH BENEFITS; CARE OF THE DEAD
Editorial Notes
Amendments
2018—Pub. L. 115–232, div. A, title VIII, §807(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 577 of this title as this chapter and item 6522 as 8392.
1958—Pub. L. 85–861, §1(145), Sept. 2, 1958, 72 Stat. 1512, struck out item 6521 "Allowance to dependents: designation of beneficiary".
About This Section
10 U.S.C. § 8386 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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