§ 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 declared 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 request by an authority designated by the Secretary 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.