Statute · United States Code

10 U.S.C. § 12313 — Reserves: release from active duty

10 U.S.C. § 12313

Type
Statute
Source
United States Code
Jurisdiction
Federal
Date
2025-01-06
Topic
litigation

(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.

Citator

10 U.S.C. § 12313 — Reserves: release from active duty is in force in the current edition of the Code, and nothing recorded condemns it.

(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.