10-U.S.C.-6486

10-U.S.C.-6486

§6486 – Members of The Fleet Reserve and Fleet Marine Corps Reserve: Release From Active Duty

Pathway

Title 10 > Subtitle C > Part II > Chapter 575 > Section 6486

Details

  • Reference: Section 6486
  • Legend: §6486 – Members of The Fleet Reserve and Fleet Marine Corps Reserve: Release From Active Duty
  • USCode Year: 2013

Provision Content

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 417.)

Historical and Revision Notes
Revised section Source (U.S. Code) Source (Statutes at Large)
6486 34 U.S.C. 854d (3d proviso). June 25, 1938, ch. 690, §205 (3d proviso); added July 9, 1952, ch. 608, §808, 66 Stat. 508.
  34 U.S.C. 854 (note). July 9, 1952, ch. 608, §803 (3d sentence), 66 Stat. 505.

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.

U.S. Encyclopedia of Law Coverage

10-U.S.C.-6484 in the Legal Encyclopedia: Navy

In this entry about 10-U.S.C.-6484, find legal reference material, bibliographies and premiere content related to navy in the American Encyclopedia of Law, presenting a comprehensive view of the United States navy-specific issues, written by authorities in the field.

10-U.S.C.-6409 in the Legal Encyclopedia: Navy Personnel

In this entry about 10-U.S.C.-6409, find legal reference material, bibliographies and premiere content related to navy personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States navy personnel-specific issues, written by authorities in the field.

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