2018 US Code
Title 10 - Armed Forces
Subtitle C - Navy and Marine Corps
Part II - Personnel
Chapter 845 - Recall to Active Duty
Sec. 8385 - Members of the Fleet Reserve and Fleet Marine Corps Reserve: authority to recall
10 U.S.C. § 8385 (2018) | ||||||||||||
§8385. Members of the Fleet Reserve and Fleet Marine Corps Reserve: authority to recall | ||||||||||||
(a) A member of the Fleet Reserve or the Fleet Marine Corps Reserve may be ordered by competent authority to active duty without his consent— (1) in time of war or national emergency declared by Congress, for the duration of the war or national emergency and for six months thereafter; (2) in time of national emergency declared by the President; or (3) when otherwise authorized by law. (b) In time of peace any member of the Fleet Reserve or the Fleet Marine Corps Reserve may be required to perform not more than two months' active duty for training in each four-year period. |
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(Aug. 10, 1956, ch. 1041, 70A Stat. 417, §6485; Pub. L. 95–79, title VIII, §805, July 30, 1977, 91 Stat. 333; renumbered §8385, Pub. L. 115–232, div. A, title VIII, §807(b)(17), Aug. 13, 2018, 132 Stat. 1836.) |
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In subsection (a) the words "A member of the Fleet Reserve or the Fleet Marine Corps Reserve" are substituted for the words "That men so transferred to the Fleet Reserve * * * or other provision of law" for clarity. It is clear from the legislative history of the Armed Forces Reserve Act of 1952 that the amendment to the second proviso of 34 U.S.C. 854d made by that Act was intended to cover all members of the Fleet Reserve and Fleet Marine Corps Reserve. In subsection (b) the word "enlisted" is omitted as surplusage since only enlisted members may transfer to the Fleet Reserve and Fleet Marine Corps Reserve. The words "after 16 years' or more service" are omitted as surplusage since all the members of the Fleet Reserve and Fleet Marine Corps Reserve are in that category. The words "If any member fails to report for the physical examination" are substituted for the words "upon failure * * * of such member to report for inspection" to reflect the true meaning of the section. The words "Under such conditions as may be prescribed by the Secretary of the Navy" are omitted as unnecessary since the authority to order a forfeiture is entirely within the Secretary's discretion. AMENDMENTS2018—Pub. L. 115–232 renumbered section 6485 of this title as this section. 1977—Subsec. (b). Pub. L. 95–79 struck out requirements relating to physical examinations for members of the Fleet Reserve and Fleet Marine Corps Reserve. EFFECTIVE DATE OF 2018 AMENDMENTAmendment 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. |
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United States Code, 2018 Edition, Title 10 - ARMED FORCES | ||||||||||||
Bills and Statutes | ||||||||||||
United States Code | ||||||||||||
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Title 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL CHAPTER 845 - RECALL TO ACTIVE DUTY Sec. 8385 - Members of the Fleet Reserve and Fleet Marine Corps Reserve: authority to recall |
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section 8385 | ||||||||||||
2018 | ||||||||||||
January 14, 2019 | ||||||||||||
Yes | ||||||||||||
standard | ||||||||||||
52 Stat. 1179 54 Stat. 162 66 Stat. 505, 508 91 Stat. 333 132 Stat. 1836 |
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Public Law 95-79, Public Law 115-232 |