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10 U.S.C. § 12313 — Reserves: release from active duty
Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12313
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Stable record: federal_law:legal_authorities:record_usc_ff9d929cf7d2d0ee59291476
Source file: Laws/federal/codes/united-states-code/title-10/section-12313-reserves-release-from-active-duty--05417b0b00.md
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Source location: Title 10, Chapter 1209, § 12313; chapter-1209-active-duty.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 681
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 961, acts July 9, 1952, ch. 608, pt. II, § 233, 66 Stat. 489; Aug. 9, 1955, ch. 665, § 2(e)–(g), 69 Stat. 599, related to liability of members for active duty, limitation on recall, annual training, voluntary active duty, notification prior to active-duty orders, utilization of officers, protection of members of organized units, and to ministers of religion. See sections 12102, 12201, 12204, 12301, 12302, 12317, and 12682 of Title 10, Armed Forces. Act Aug. 9, 1955, ch. 665, § 2(e)–(g), 69 Stat. 599, was repealed by Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1569.
Section 962, act July 9, 1952, ch. 608, pt. II, § 234, 66 Stat. 490, related to active duty in connection with Reserve training and administration. See sections 12301 and 12310 of Title 10.
Section 963, act July 9, 1952, ch. 608, pt. II, § 235, 66 Stat. 491, provided for active duty agreements, involuntary release, obligation to serve full term, prior obligated or involuntary service, uniformity of agreements. See sections 12311 and 12312 of Title 10.
Section 964, act July 9, 1952, ch. 608, pt. II, § 236, 66 Stat. 491, provided for continuation of active duty. See [section 12311 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12311&num=0&edition=prelim).
Section 965, act July 9, 1952, ch. 608, pt. II, § 237, 66 Stat. 492, authorized detail or assignment to duties authorized for regulars. See [section 12314 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12314&num=0&edition=prelim).
Section 966, act July 9, 1952, ch. 608, pt. II, § 238, 66 Stat. 492, related to maintenance of Reserve forces in time of partial mobilization. See [section 10207 of Title 10](https://uscode.house.gov/view.xhtml?req
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 961 to 967
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Federal law — U.S. Code and appendices · legal_authorities
Page 3676
TITLE 10—ARMED FORCES
§ 12313
ommended for promotion to that grade, under
conditions that would require the release or
separation of a reserve officer who is not serv-
ing under such agreement.
(b) A member who is released from active duty
without his consent before the end of his agree-
ment made under section 12311(a) of this title is
entitled to an amount computed by multiplying
the number of years and fractions of a year of
his unexpired period of service under the agree-
ment by the sum of one month’s basic pay, spe-
cial pay, and allowances to which he is entitled
on the day of his release. The amount to which
a member is entitled under this subsection is in
addition to any pay and allowances to which he
is otherwise entitled. For the purposes of this
subsection, a fraction of a month of 15 days or
more is counted as a whole month, and a frac-
tion of a month of less than 15 days is dis-
regarded. This subsection does not apply to a
member if he is—
(1) released for a reason described in sub-
section (a)(2)(A)–(C);
(2) released because of a physical disability
resulting from his intentional misconduct or
wilful neglect;
(3) eligible for retired pay, separation pay, or
severance pay under another provision of law;
(4) placed on a temporary disability retired
list; or
(5) released to accept an appointment, or to
be enlisted, in a regular component of an
armed force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 30, § 680; Pub. L.
87–509, § 2, June 28, 1962, 76 Stat. 121; Pub. L.
98–525, title V, § 533(b), title XIV, § 1405(17), Oct.
19, 1984, 98 Stat. 2528, 2622; renumbered § 12312
and amended Pub. L. 103–337, div. A, title XVI,
§§ 1662(e)(2), 1675(c)(8), Oct. 5, 1994, 108 Stat. 2992,
3017.)
HISTORICAL AND REVISION NOTES
Revised
secti
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12313
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.