10 U.S.C. § 681
Renumbered § 12313]
[renumbered]
Notes of Decisions
Cited in 52
cases, 1961–2019 · leading case: James M. Woodward v. United States, 871 F.2d 1068 (Fed. Cir. 1989).
James M. Woodward v. United States, 871 F.2d 1068 (Fed. Cir. 1989). “The Navy challenged these contentions, arguing that Woodward’s release was based on his record and his performance and, further, that the court lacked jurisdiction to review the Navy’s action because of the discretion conferred on the Secretary of the Navy by 10 U.S.C. § 681 (a)…”
Stuart Sargisson v. The United States, 913 F.2d 918 (Fed. Cir. 1990). “The Secretary of the Air Force is authorized to release reserve officers from active duty under 10 U.S.C. § 681 (a) (1970): “Except as otherwise provided in this title, the Secretary concerned may at any time release a Reserve under his jurisdiction from active duty.”
Lewis E. Jones v. Clifford Alexander, Sec'y of the Army, 609 F.2d 778 (5th Cir. 1980). “See 10 U.S.C. § 681 (a) (1976). In 1975, a promotion selection board convened (1975 Board).”
Ulmet v. United States, 17 Cl. Ct. 679 (Ct. Cl. 1989). “On September 12, 1973, as part of a reduction in strength, pursuant to Army Regulation 635-100 and 10 U.S.C. § 681 (a), he was involuntarily released from continuous active duty.”
Buchanan v. United States, 223 Ct. Cl. 291 (Ct. Cl. 1980). “In rebuttal to this view of the TAR program, defendant asserts that 10 U.S.C. § 681 allows the Secretary to release reservists from active duty at his discretion, and therefore plaintiff could be released without cause.”
James L. Murphy v. The United States, 993 F.2d 871 (Fed. Cir. 1993). “At the end of the Vietnam War a Reserve Officer Screening Board (ROSB) was convened by the Secretary of the Air Force to select reserve officers for involuntary separation from active duty pursuant to 10 U.S.C. § 681 (a) (1970), which says: “Except as otherwise provided in this…”
Sheridon H. Groves v. United States, 47 F.3d 1140 (Fed. Cir. 1995). “This is so, says the government, because Groves failed to demonstrate that he was ready, willing, and able to return to duty at any time during this period.”
Hardison v. Alexander, 655 F.2d 1281 (D.C. Cir. 1981). “Congress provided the Secretary of the Army the authority to promulgate regulations determining the fate of Reserve officers passed over for promotion to temporary rank, 10 U.S.C. § 681 (1976), and the Secretary has provided that Reserve officers twice passed over for promotion…”
Doyle v. United States, 220 Ct. Cl. 285 (Ct. Cl. 1979). “Under' the authority of 10 U.S.C. § 681 , the Secretary provided by regulation that in the case of Reserve officers two passovers for promotion to temporary rank would result in release or retirement.”
Dilley v. Alexander, 603 F.2d 914 (D.C. Cir. 1979). “AR 635-100 derives from 10 U.S.C. § 681 (a), which permits the Secretary to “release a Reserve under his jurisdiction from active duty.”
Coppedge v. Marsh, 532 F. Supp. 423 (D. Kan. 1982). “This provides: An officer holding a current appointment in the Army National Guard of the United States or the United States Army Reserve which will not expire upon release from active duty who is sentenced to dismissal (commissioned officer) or dishonorable discharge (warrant…”
Murphy v. United States, 22 Cl. Ct. 147 (Ct. Cl. 1990). “The Parties’ Contentions Plaintiff contends that regardless of the authority accorded to the Secretary under 10 U.S.C. § 681 to terminate plaintiffs service, he should be reinstated at least through the date of this court’s judgment and perhaps later.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.