§ 12313. Reserves: release from active duty
§ 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.