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U.S. Code as of:
01/19/04
Section 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.
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