2018 US Code
Title 10 - Armed Forces
Subtitle C - Navy and Marine Corps
Part II - Personnel
Chapter 845 - Recall to Active Duty
Sec. 8386 - Members of the Fleet Reserve and Fleet Marine Corps Reserve: release from active duty
| 10 U.S.C. § 8386 (2018) | |||||||||
| §8386. Members of the Fleet Reserve and Fleet Marine Corps Reserve: release from active duty | |||||||||
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(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. |
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(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.) |
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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. AMENDMENTS2018—Pub. L. 115–232 renumbered section 6486 of this title as this section. 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. 8386 - Members of the Fleet Reserve and Fleet Marine Corps Reserve: release from active duty |
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| section 8386 | |||||||||
| 2018 | |||||||||
| January 14, 2019 | |||||||||
| Yes | |||||||||
| standard | |||||||||
| 66 Stat. 505, 508 132 Stat. 1836 |
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| Public Law 115-232 |
