U.S. Code » Title 10 » Subtitle Subtitle E— Reserve Components › Part PART II— PERSONNEL GENERALLY › Chapter CHAPTER 1209— ACTIVE DUTY

10 U.S.C. § 12313

Reserves: release from active duty

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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.(Aug. 10, 1956, ch. 1041, 70A Stat. 31, § 681; renumbered § 12313, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

681(a)

681(b)

50:967(a).

50:967 (less (a)).

July 9, 1952, ch. 608, § 239, 66 Stat. 492.

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.

Editorial NotesAmendments

1994—Pub. L. 103–337 renumbered section 681 of this title as this section.

Notes of Decisions
Cited in 3 cases, 2000–2005 · leading case: McMullen v. United States, 50 Fed. Cl. 718 (Fed. Cl. 2001).
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McMullen v. United States, 50 Fed. Cl. 718 (Fed. Cl. 2001). · cites it 4× “”) gives the Secretary of the Army the discretion to release a Reserve from active duty at any time. Regrettably, the Plaintiff fails to address the Defendant’s nonjusticiability argument, but instead seems to conflate the concept of justiciability with jurisdiction.”
United States v. Wilson, 53 M.J. 327 (C.A.A.F. 2000). · cites it 2× “See 10 USC § 12313 (a). The period of federal service also may be extended by federal officials with the consent of state authorities under 10 USC § 12301 (d).”
Sutton v. United States, 65 Fed. Cl. 800 (Fed. Cl. 2005). · cites it 2× “Defendant correctly points out that rather than being discharged, Sutton was involuntarily released from active duty pursuant to 10 U.S.C. § 12313 and paragraph 2-31 of Army Reg.”
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