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10 USC CHAPTER 575 - RECALL TO ACTIVE DUTY 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 575 - RECALL TO ACTIVE DUTY

.

-HEAD-

CHAPTER 575 - RECALL TO ACTIVE DUTY

-MISC1-

Sec.

(6481, 6482. Repealed.)

6483. Retired members: grade.

6484. Promotion of retired members to higher enlisted grades:

retention of grade upon release from active duty.

6485. Members of the Fleet Reserve and Fleet Marine Corps Reserve:

authority to recall.

6486. Members of the Fleet Reserve and Fleet Marine Corps Reserve:

release from active duty.

(6487, 6488. Repealed.)

AMENDMENTS

1984 - Pub. L. 98-525, title V, Sec. 533(f)(2), Oct. 19, 1984, 98

Stat. 2528, struck out item 6482 ''Retired enlisted members of the

Regular Navy and Regular Marine Corps: authority to recall.''

1980 - Pub. L. 96-513, title V, Sec. 503(51), Dec. 12, 1980, 94

Stat. 2915, struck out items 6481 ''Retired officers of the Regular

Navy and Regular Marine Corps: authority to recall'', 6487

''Retired rear admirals: retired pay after two years of active

duty'', and 6488 ''Wartime appointments or promotions: retention of

grade upon release from active duty''.

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10 USC Sec. 6481 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 575 - RECALL TO ACTIVE DUTY

-HEAD-

(Sec. 6481. Repealed. Pub. L. 96-513, title III, Sec. 362(a), Dec.

12, 1980, 94 Stat. 2903)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 416, related to

authority to recall retired officers of Regular Navy and Regular

Marine Corps. See section 688 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

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10 USC Sec. 6482 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 575 - RECALL TO ACTIVE DUTY

-HEAD-

(Sec. 6482. Repealed. Pub. L. 98-525, title V, Sec. 533(f)(1), Oct.

19, 1984, 98 Stat. 2528)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 417, provided

that in time of war or national emergency Secretary of Navy could

order to active duty any retired enlisted member of Regular Navy or

Regular Marine Corps.

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10 USC Sec. 6483 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 575 - RECALL TO ACTIVE DUTY

-HEAD-

Sec. 6483. Retired members: grade

-STATUTE-

An officer who has been advanced on the retired list or in the

Retired Reserve under former section 6150 of this title to a grade

above captain in the Navy or above colonel in the Marine Corps,

when recalled to active duty, may, in the discretion of the

Secretary of the Navy, be recalled either in the grade he holds on

the retired list or in the Retired Reserve or in the grade from

which he was advanced.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 417; Pub. L. 85-422, Sec. 6(5),

May 20, 1958, 72 Stat. 129; Pub. L. 88-132, Sec. 5(m), Oct. 2,

1963, 77 Stat. 215; Pub. L. 90-623, Sec. 2(10), Oct. 22, 1968, 82

Stat. 1314; Pub. L. 96-513, title III, Sec. 363, Dec. 12, 1980, 94

Stat. 2903.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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6483 34 U.S.C. 410n (1st Aug. 7, 1947, ch.

proviso). 512, Sec. 412(a)

(1st proviso), 61

Stat. 874; Oct. 12,

1949, ch. 681, Sec.

522(a), 63 Stat.

835.

50 U.S.C. 1052(c) July 9, 1952, ch.

(2d sentence). 608, Sec. 413(c)

(2d sentence), 66

Stat. 500.

-------------------------------

Subsection (a) states the general rule that a retired officer,

when recalled to active duty, shall be recalled in the grade he

holds on the retired list. The rule is derived, not from a

specific provision of law, but from the fact that special

legislative authority is required to recall a retired officer in

any other grade.

The desirability of including a positive statement of the rule is

pointed up by the legislative history of the Act of February 21,

1946, ch. 34, Sec. 8(a), 60 Stat. 28, amending the Act of July 24,

1941, ch. 320, Sec. 10(d), 55 Stat. 605 (34 U.S.C. 350i(d)). The

1946 amendment states the rule, but only as to a limited class of

retired personnel, namely persons temporarily appointed or promoted

under the 1941 Act while on the retired list. The amendment

provided that such persons, when released to inactive duty, should

be given the highest grade in which they had served satisfactorily

and, if subsequently recalled to active duty, should be recalled in

the grade so accorded them. The legislative history shows that the

bill (S. 1405, 79th Cong., 1st sess.), originally was written so as

to provide that retired personnel should be recalled in their prior

permanent grades or ratings instead of in the higher grades

accorded them on the retired list while on inactive duty. When a

member of the Naval Affairs Committee of the House of

Representatives suggested an amendment to allow retired personnel

to be recalled in the higher grades, the Navy spokesman pointed out

that no law was required to permit this; in fact, retired personnel

would be required to be recalled in the grades they hold on the

retired list in the absence of any law to the contrary. Thus the

result desired by the committee member could be achieved, simply by

deleting the provision instead of amending it. After some

discussion, however, it was decided to adopt the suggested

amendment in order not to ''leave things to inference'' (H. Rept.

No. 158, December 6, 1945, pp. 2290-2292).

Section 412(a) of the Officer Personnel Act of 1947 (34 U.S.C.

410n) (codified, except for the first proviso, in Sec. 6150 of this

title), supplies a further reason why a positive statement of the

rule is desirable. That section provides that an officer who has

been specially commended for the performance of duty in actual

combat shall, when retired, be placed on the retired list in the

grade next higher than that in which serving at the time of

retirement. The first proviso, codified in subsection (b) of this

section, provided further that an officer advanced under Sec.

412(a) to a flag or general officer grade could be recalled either

in the advanced grade or in the grade from which advanced. The law

was silent as to the grade in which other officers advanced under

Sec. 412(a) should be recalled. It was understood that they would

be recalled in the advanced grade accorded them on the retired

list, because there was no authority to recall them in any other

grade. However, the Comptroller General raised a question as to

their right to the pay of the higher grade when recalled. Although

the final decision of the Comptroller General was in favor of the

higher pay (30 Comp. Gen. 242, December 20, 1950), the fact that

the question was raised indicates the confusion that results from

leaving the rule to inference.

It appears that the rule was never in doubt until after the

enactment of the two recent laws cited above, one applying the rule

to a limited class, and one stating a discretionary exception

without stating the rule itself. These two laws make it more

difficult than it was formerly to derive the correct conclusion by

inference alone.

AMENDMENTS

1980 - Pub. L. 96-513 struck out provisions formerly set out as

subsec. (a) which authorized each retired member of the naval

service, when called to active duty, to be recalled in the grade

held by him on the retired list and deleted subsec. (b) designation

from remaining provisions.

1968 - Subsec. (b). Pub. L. 90-623 inserted ''former'' before

''section 6150''.

1963 - Subsec. (c). Pub. L. 88-132 repealed subsec. (c) which

provided for recomputation of retired pay of retired members of the

naval service, recalled to active duty in the higher grade for

officers specially commended and released from such duty, on basis

of the then monthly basic pay of the grade held on the retired list

after continuous 2-year period of service. See section 1402 of

this title.

1958 - Subsec. (c). Pub. L. 85-422 added subsec. (c).

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the

authority to prescribe regulations under the amendment by Pub. L.

96-513 effective on Dec. 12, 1980, see section 701 of Pub. L.

96-513, set out as a note under section 101 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of Title

5, Government Organization and Employees.

EFFECTIVE DATE OF 1963 AMENDMENT

Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section

14 of Pub. L. 88-132, set out as a note under section 201 of Title

37, Pay and Allowances of the Uniformed Services.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-422 effective June 1, 1958, see section 9

of Pub. L. 85-422.

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10 USC Sec. 6484 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 575 - RECALL TO ACTIVE DUTY

-HEAD-

Sec. 6484. Promotion of retired members to higher enlisted grades:

retention of grade upon release from active duty

-STATUTE-

When on active duty, retired enlisted members of the Navy or the

Marine Corps are eligible for promotion to higher enlisted grades

or ratings. When released from active duty, they shall, unless

entitled to a higher grade under another provision of law, retain

the grades or ratings they hold at the time of their release.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 417.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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6484 34 U.S.C. 434. July 1, 1918, ch.

114, 40 Stat. 719

(1st 9 lines of 2d

par.).

-------------------------------

The words ''who has been ordered into active service since April

6, 1917'' are omitted as executed. The words ''to higher enlisted

grades or ratings'' are inserted for clarity. The eligibility of

retired enlisted men for appointments to warrant and commissioned

grades is covered by chapter 539 of this title where the

requirements for these appointments are set forth. The words

''unless entitled to a higher grade under another provision of

law'' are inserted to make it clear that retired enlisted members

are not precluded by this section from obtaining the benefits of

other provisions of law that may give a higher grade to them on

their release from active duty.

The provision relating to pay, allowances, and benefits is

omitted because it was superseded by Sec. 514 and 516 of the Career

Compensation Act of 1949 (37 U.S.C. 314 and 316).

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10 USC Sec. 6485 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 575 - RECALL TO ACTIVE DUTY

-HEAD-

Sec. 6485. Members of the Fleet Reserve and Fleet Marine Corps

Reserve: authority to recall

-STATUTE-

(a) A member of the Fleet Reserve or the Fleet Marine Corps

Reserve may be ordered by competent authority to active duty

without his consent -

(1) in time of war or national emergency declared by Congress,

for the duration of the war or national emergency and for six

months thereafter;

(2) in time of national emergency declared by the President; or

(3) when otherwise authorized by law.

(b) In time of peace any member of the Fleet Reserve or the Fleet

Marine Corps Reserve may be required to perform not more than two

months' active duty for training in each four-year period.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 417; Pub. L. 95-79, title VIII,

Sec. 805, July 30, 1977, 91 Stat. 333.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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6485 34 U.S.C. 854d (1st June 25, 1938, ch.

87 words of 2d 690, Sec. 205 (1st

proviso). 87 words of 2d

proviso), 52 Stat.

1179; July 9, 1952,

ch. 608, Sec. 808,

66 Stat. 508.

34 U.S.C. 854e (less June 25, 1938, ch.

2d through 5th 690, Sec. 206 (less

provisos). 2d through 5th

provisos), 52 Stat.

1179; Apr. 25,

1940, ch. 153, 54

Stat. 162.

34 U.S.C. 854 July 9, 1952, ch.

(note). 608, Sec. 803 (3d

sentence), 66 Stat.

505.

-------------------------------

In subsection (a) the words ''A member of the Fleet Reserve or

the Fleet Marine Corps Reserve'' are substituted for the words

''That men so transferred to the Fleet Reserve * * * or other

provision of law'' for clarity. It is clear from the legislative

history of the Armed Forces Reserve Act of 1952 that the amendment

to the second proviso of 34 U.S.C. 854d made by that Act was

intended to cover all members of the Fleet Reserve and Fleet Marine

Corps Reserve.

In subsection (b) the word ''enlisted'' is omitted as surplusage

since only enlisted members may transfer to the Fleet Reserve and

Fleet Marine Corps Reserve. The words ''after 16 years' or more

service'' are omitted as surplusage since all the members of the

Fleet Reserve and Fleet Marine Corps Reserve are in that category.

The words ''If any member fails to report for the physical

examination'' are substituted for the words ''upon failure * * * of

such member to report for inspection'' to reflect the true meaning

of the section. The words ''Under such conditions as may be

prescribed by the Secretary of the Navy'' are omitted as

unnecessary since the authority to order a forfeiture is entirely

within the Secretary's discretion.

AMENDMENTS

1977 - Subsec. (b). Pub. L. 95-79 struck out requirements

relating to physical examinations for members of the Fleet Reserve

and Fleet Marine Corps Reserve.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6331 of this title.

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10 USC Sec. 6486 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 575 - RECALL TO ACTIVE DUTY

-HEAD-

Sec. 6486. Members of the Fleet Reserve and Fleet Marine Corps

Reserve: release from active duty

-STATUTE-

(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.

This subsection does not apply during a period of demobilization or

reduction in strength of the Navy or the Marine Corps.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 417.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

6486 34 U.S.C. 854d (3d June 25, 1938, ch.

proviso). 690, Sec. 205 (3d

proviso); added

July 9, 1952, ch.

608, Sec. 808, 66

Stat. 508.

34 U.S.C. 854 July 9, 1952, ch.

(note). 608, Sec. 803 (3d

sentence), 66 Stat.

505.

-------------------------------

In subsection (a) the words ''or active duty for training'' are

omitted as covered by the term ''active duty'' as used in this

revised title.

In subsection (b) the words ''other than from active duty for

training'' are inserted since the term ''active duty'' as used in

34 U.S.C. 854d (3d proviso) does not include active duty for

training. Clause (3) is inserted, since other provisions of law

are necessarily exceptions to the general rule here stated. The

words ''or the Marine Corps'' are inserted in the last sentence of

subsection (b) to reflect the applicability of the section to the

Fleet Marine Corps Reserve.

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10 USC Sec. 6487, 6488 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 575 - RECALL TO ACTIVE DUTY

-HEAD-

(Sec. 6487, 6488. Repealed. Pub. L. 96-513, title III, Sec. 362(b),

(c), Dec. 12, 1980, 94 Stat. 2903)

-MISC1-

Section 6487, act Aug. 10, 1956, ch. 1041, 70A Stat. 418, related

to retirement pay of certain rear admirals who retire after serving

two years on active duty in time of war or national emergency.

Section 6488, act Aug. 10, 1956, ch. 1041, 70A Stat. 418, related

to retention of certain wartime appointments or promotions upon

release from active duty. See section 1370 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

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