10 U.S.C. § 8385 — Members of the Fleet Reserve and Fleet

Page 3251 TITLE 10—ARMED FORCES § 8386 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8385. Members of the Fleet Reserve and Fleet Marine Corps Reserve: authority to recall (a) A member of the Fleet Reserve or the Fleet Marine Corps Reserve may be ordered by com- petent authority to active duty without his con- sent— (1) in time of war or national emergency de- clared by Congress, for the duration of the war or national emergency and for six months thereafter; (2) in time of national emergency declared by the President; or (3) when otherwise authorized by law. (b) In time of peace any member of the Fleet Reserve or the Fleet Marine Corps Reserve may be required to perform not more than two months’ active duty for training in each four- year period. (Aug. 10, 1956, ch. 1041, 70A Stat. 417, § 6485; Pub. L. 95–79, title VIII, § 805, July 30, 1977, 91 Stat. 333; renumbered § 8385, Pub. L. 115–232, div. A, title VIII, § 807(b)(17), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6485 ......... 34 U.S.C. 854d (1st 87 words of 2d proviso). June 25, 1938, ch. 690, § 205 (1st 87 words of 2d pro- viso), 52 Stat. 1179; July 9, 1952, ch. 608, § 808, 66 Stat. 508. 34 U.S.C. 854e (less 2d through 5th provisos). June 25, 1938, ch. 690, § 206 (less 2d through 5th provisos), 52 Stat. 1179; Apr. 25, 1940, ch. 153, 54 Stat. 162. 34 U.S.C. 854 (note). July 9, 1952, ch. 608, § 803 (3d sentence), 66 Stat. 505. In subsection (a) the words ‘‘A member of the Fleet Reserve or the Fleet Marine Corps Reserve’’ are sub- stituted for the words ‘‘That men so transferred to the Fleet Reserve * * * or other provision of law’’ for clar- ity. It is clear from the legislative history of the Armed Forces Reserve Act of 1952 that the amendment to the second proviso of 34 U.S.C. 854d made by that Act was intended to cover all members of the Fleet Reserve and Fleet Marine Corps Reserve. In subsection (b) the word ‘‘enlisted’’ is omitted as surplusage since only enlisted members may transfer to the Fleet Reserve and Fleet Marine Corps Reserve. The words ‘‘after 16 years’ or more service’’ are omitted as surplusage since all the members of the Fleet Re- serve and Fleet Marine Corps Reserve are in that cat- egory. The words ‘‘If any member fails to report for the physical examination’’ are substituted for the words ‘‘upon failure * * * of such member to report for inspec- tion’’ to reflect the true meaning of the section. The words ‘‘Under such conditions as may be prescribed by the Secretary of the Navy’’ are omitted as unnecessary since the authority to order a forfeiture is entirely within the Secretary’s discretion. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6485 of this title as this section. 1977—Subsec. (b). Pub. L. 95–79 struck out require- ments relating to physical examinations for members of the Fleet Reserve and Fleet Marine Corps Reserve. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8386. 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 de- clared 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 re- quest by an authority designated by the Sec- retary recommends the release and the rec- ommendation 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, § 6486; re- numbered § 8386, Pub. L. 115–232, div. A, title VIII, § 807(b)(17), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6486 ......... 34 U.S.C. 854d (3d pro- viso). June 25, 1938, ch. 690, § 205 (3d proviso); added July 9, 1952, ch. 608, § 808, 66 Stat. 508. 34 U.S.C. 854 (note). July 9, 1952, ch. 608, § 803 (3d sentence), 66 Stat. 505. In subsection (a) the words ‘‘or active duty for train- ing’’ 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 in- clude 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 Ma- rine Corps’’ are inserted in the last sentence of sub- section (b) to reflect the applicability of the section to the Fleet Marine Corps Reserve. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6486 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and