
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12313]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
                        CHAPTER 1209--ACTIVE DUTY
 
Sec. 12313. Reserves: release from active duty

    (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, Sec. 681; renumbered Sec. 12313, 
Pub. L. 103-337, div. A, title XVI, Sec. 1662(e)(2), Oct. 5, 1994, 108 
Stat. 2992.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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681(a)................................  50:967(a).                           Ju
ly 9, 1952, ch. 608, Sec.  239,
681(b)................................  50:967 (less (a)).                    6
6 Stat. 492.
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---------------------------------

    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.
