
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: 10USC6486]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                   CHAPTER 575--RECALL TO ACTIVE DUTY
 
Sec. 6486. Members of the Fleet Reserve and Fleet Marine Corps 
        Reserve: release from active duty
        
    (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)
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---------------------------------
6486..................................  34 U.S.C. 854d (3d proviso).         Ju
ne 25, 1938, ch. 690, Sec.  205
                                                                              (
3d proviso); added July 9, 1952,
                                                                              c
h. 608, Sec.  808, 66 Stat. 508.
                                        34 U.S.C. 854 (note).                Ju
ly 9, 1952, ch. 608, Sec.  803
                                                                              (
3d sentence), 66 Stat. 505.
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---------------------------------

    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.
