10-U.S.C.-12313

§12313 – Reserves: Release From Active Duty

Pathway

Title 10 > Subtitle E > Part II > Chapter 1209 > Section 12313

Details

• Reference: Section 12313
• Legend: §12313 – Reserves: Release From Active Duty
• USCode Year: 2013

Provision Content

(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.)

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.

Amendments

1994—Pub. L. 103–337 renumbered section 681 of this title as this section.

U.S. Encyclopedia of Law Coverage

10-U.S.C.-12244 in the Legal Encyclopedia: Army Reserve

In this entry about 10-U.S.C.-12244, find legal reference material, bibliographies and premiere content related to army reserve in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve-specific issues, written by authorities in the field.

10-U.S.C.-12243 in the Legal Encyclopedia: Army Reserve Personnel

In this entry about 10-U.S.C.-12243, find legal reference material, bibliographies and premiere content related to army reserve personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve personnel-specific issues, written by authorities in the field.

Topic Map

• Browse the Topic Map in relation with Title 10 (Armed Forces) guided by subject interests.