2013 US Code
Title 10 - Armed Forces
Subtitle E - Reserve Components (§§ 10001 - 18506)
Part II - PERSONNEL GENERALLY (§§ 12001 - 12774)
Chapter 1209 - ACTIVE DUTY (§§ 12301 - 12323)
Section 12313 - Reserves: release from active duty
| Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 10 - ARMED FORCES Subtitle E - Reserve Components PART II - PERSONNEL GENERALLY CHAPTER 1209 - ACTIVE DUTY Sec. 12313 - Reserves: release from active duty |
| Contains | section 12313 |
| Date | 2013 |
| Laws in Effect as of Date | January 16, 2014 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | 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. |
| Statutes at Large References | 66 Stat. 492 108 Stat. 2992 |
| Public Law References | Public Law 103-337 |
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(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.
AMENDMENTS1994—Pub. L. 103–337 renumbered section 681 of this title as this section.
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