(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.)
Historical and Revision Notes
Source (U.S. Code)
Source (Statutes at Large)
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.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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