Title 10 — Armed Forces
Part II · Chapter 1209 — Active Duty
§ 12313. Reserves: release from active duty
Statutory text
Except as otherwise provided in this title, the Secretary concerned may at any time release a Reserve under his jurisdiction from active duty.
In time of war or of national emergency declared by Congress or the President after , a member of a reserve component may be released from active duty (other than for training) only if—
a board of officers convened at his request by an authority designated by the Secretary concerned recommends the release and the recommendation is approved;
the member does not request that a board be convened; or
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 10, 1956, ch. 1041, 70A Stat. 31, § 681 · 70A Stat. 31
Enacted · 10 U.S.C. § 12313
Aug. 10, 1956, ch. 1041, 70A Stat. 31, § 681
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 31, § 681Reserve Officer Personnel Management Act
Pub. L. 103–337 div. A title XVI § 1662(e)(2) · 108 Stat. 2663
Changed · 10 U.S.C. § 12313
Pub. L. 103–337 renumbered section 681 of this title as this section
Source evidence
Code amendment note
Pub. L. 103–337 renumbered section 681 of this title as this section.Enacted provision · exact public law section
(2) Sections 672 through 673a, section 673b (as amended by section 511), sections 673c through 687, section 689 (as amended by section 1625), and section 690 are transferred to chapter 1209, as added by paragraph (1), inserted after the table of sections, and redesignated as follows: Section Redesignated section 672 12301 673 12302 673a 12303 673b 12304 673c 12305 674 12306 675 12307 676 12308 677 12309 678 12310 679 12311 680 12312 681 12313 682 12314 683 12315 684 12316 685 12317 686 12318 687 12319 689 12320 690 12321
1 of 2 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 681(a)681(b) | 50:967(a).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.
Editorial Notes
Amendments
1994—Pub. L. 103–337 renumbered section 681 of this title as this section.
Credits
1956–1994 · 2 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 31, § 681
- 1994renumbered § 12313, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), , 108 Stat. 2992.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 31, § 681; renumbered § 12313, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), , 108 Stat. 2992.)