PART II—PERSONNEL GENERALLY
Amendments
1997—
1996—
CHAPTER 1201 —AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE
Amendments
1999—
§12001. Authorized strengths: reserve components
(a) Whenever the authorized strength of a reserve component (other than the Coast Guard Reserve) is not prescribed by law, it shall be prescribed by the President.
(b) Subject to the authorized strength of the reserve component concerned, the authorized strength of each reserve component (other than the Coast Guard Reserve) in members in each grade is that which the Secretary concerned determines to be necessary to provide for mobilization requirements. The Secretary shall review these determinations at least once each year and revise them if he considers it necessary. However, a member of the reserve component concerned may not, as a result of such a determination, be reduced in the member's reserve grade without the member's consent.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Effective Date
Chapter effective Dec. 1, 1994, except as otherwise provided, see section 1691 of
End Strengths for Selected Reserve and for Reserves on Active Duty in Support of Reserves
"SEC. 411. End Strengths for Selected Reserve
"(a)
"(1) The Army National Guard of the United States, 350,000.
"(2) The Army Reserve, 205,000.
"(3) The Naval Reserve, 90,288.
"(4) The Marine Corps Reserve, 39,624.
"(5) The Air National Guard of the United States, 106,678.
"(6) The Air Force Reserve, 73,708.
"(7) The Coast Guard Reserve, 8,000.
"(b)
"(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
"(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
Whenever such units or such individual members are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be proportionately increased by the total authorized strengths of such units and by the total number of such individual members."
"SEC. 412. End Strengths for Reserves on Active Duty in Support of the Reserves
"Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2000, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:
"(1) The Army National Guard of the United States, 22,430.
"(2) The Army Reserve, 12,804.
"(3) The Naval Reserve, 15,010.
"(4) The Marine Corps Reserve, 2,272.
"(5) The Air National Guard of the United States, 11,157.
"(6) The Air Force Reserve, 1,134."
Similar provisions were contained in the following prior authorization acts:
Reserve Component Force Structure
"(a)
"(1) shall be consistent with, but in no case include a number of personnel spaces that is less than, the authorized end strength for that component; and
"(2) shall be prescribed in accordance with historic service policies.
"(b)
Limitation on Reduction in Number of Reserve Component Medical Personnel
Program for Active Component Support of Reserves
"(1) The Secretary of the Army shall include in the annual report of the Secretary to Congress known as the Army Posture Statement a presentation relating to the implementation of the Pilot Program for Active Component Support of the Reserves under section 414 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (
"(2) Each such presentation shall include, with respect to the period covered by the report, the following information:
"(A) The promotion rate for officers considered for promotion from within the promotion zone who are serving as active component advisers to units of the Selected Reserve of the Ready Reserve (in accordance with that program) compared with the promotion rate for other officers considered for promotion from within the promotion zone in the same pay grade and the same competitive category, shown for all officers of the Army.
"(B) The promotion rate for officers considered for promotion from below the promotion zone who are serving as active component advisers to units of the Selected Reserve of the Ready Reserve (in accordance with that program) compared in the same manner as specified in subparagraph (A)."
"(a)
"(b)
"(1) To improve the readiness of units in the reserve components of the Army.
"(2) To increase substantially the number of active component personnel directly advising reserve component unit personnel.
"(3) To provide a basis for determining the most effective mix of reserve component personnel and active component personnel in organizing, administering, recruiting, instructing, or training reserve component units.
"(4) To provide a basis for determining the most effective mix of active component officer and enlisted personnel in advising reserve component units regarding organizing, administering, recruiting, instructing, or training reserve component units.
"(c)
"(2) The Secretary of Defense may count toward the number of active component personnel required under paragraph (1) to be assigned to serve as advisers under the program under this section any active component personnel who are assigned to an active component unit (A) that was established principally for the purpose of providing dedicated training support to reserve component units, and (B) the primary mission of which is to provide such dedicated training support.
"(d)
Reserve Forces Readiness
"(a)(1) The Secretary of Defense shall conduct a review of the various systems used to measure the readiness of reserve units of the Armed Forces and shall implement a measurement system for the active and reserve components of the Armed Forces to provide an objective and uniform evaluation of the readiness of all units of the Armed Forces. The measurement system should be designed to produce information adequate to provide comparisons concerning the readiness of all units. The system for evaluation of the readiness of a unit of an active component should incorporate the performance of any unit of a reserve component affiliated with the active component unit, including the effect of the reserve component unit on the mobilization capability of the active component unit.
"(2) Not later than March 31, 1985, the Secretary shall submit a report to the Committees on Armed Services of the Senate and House of Representatives describing the results of the review under paragraph (1) and the measurement system implemented in accordance with that paragraph.
"(b)(1) The Secretary of Defense, acting through the Assistant Secretary of Defense for Reserve Affairs, shall conduct a study to evaluate the feasibility of allocating equipment to units of reserve components based on a measure of effectiveness of such units. The study should consider the effects of allocating equipment by comparing units with similar deployment times and similar capabilities in terms of training and equipment rather than by comparing all reserve component units with each other. The study should be integrated with an evaluation of the system for measuring unit effectiveness to be implemented in accordance with subsection (a).
"(2) As part of the report under subsection (a)(2), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the study carried out under paragraph (1).
"(c) It is the sense of Congress that the number of members of the Army Reserve and of the Army National Guard assigned to full-time manning duty should be increased to 14 percent of the total membership of the Army Reserve and of the Army National Guard, respectively, by fiscal year 1989.
"(d)(1)(A) The Secretary of Defense, acting through the Assistant Secretary of Defense for Reserve Affairs, shall conduct a study of the benefits of a longer training program for certain units of the reserve components and shall conduct a test of such a program. The test program should begin at the earliest realistic date.
"(B) In developing training programs for the reserve components, the Secretary shall give increased attention to innovative training technologies, techniques, and schedules that recognize the limitations on time and the geographic dispersion of the reserve components.
"(2) Not later than March 31, 1985, the Secretary shall submit a report to the Committees on Armed Services of the Senate and House of Representatives describing the study under paragraph (1).
"(e) [Repealed.
"(g) This section does not apply to the Coast Guard."
Cross References
Authorization of end strength of Selected Reserve of each reserve component of the armed forces, prerequisite to appropriation of funds to or for use of Selected Reserve, see
§12002. Authorized strengths: Army and Air Force reserve components, exclusive of members on active duty
(a) The authorized strengths of the National Guard and the reserve components of the Army and the Air Force, exclusive of members who are included in the strengths authorized for members of the Army and Air Force, respectively, on active duty, are as follows:
(b) The strength authorized by this section for the Army National Guard and the Army National Guard of the United States, and the strength authorized by this section for the Air National Guard and the Air National Guard of the United States, shall be allocated among the States.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
§12003. Authorized strengths: commissioned officers in an active status
(a) The authorized strengths of the Army, Navy, Air Force, and Marine Corps in reserve commissioned officers, other than commissioned warrant officers and officers on an active-duty list, in an active status are as follows:
(b) The authorized strengths prescribed by subsection (a) may not be exceeded unless—
(1) the Secretary concerned determines that a greater number is necessary for planned mobilization requirements; or
(2) the excess results directly from the operation of a nondiscretionary provision of law.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Section Referred to in Other Sections
This section is referred to in
§12004. Strength in grade: reserve general and flag officers in an active status
(a) The authorized strengths of the Army, Air Force, and Marine Corps in reserve general officers in an active status, and the authorized strength of the Navy in reserve officers in the grades of rear admiral (lower half) and rear admiral in an active status, are as follows:
(b) The following Army and Air Force reserve officers shall not be counted for purposes of this section:
(1) Those serving as adjutants general or assistant adjutants general of a State.
(2) Those serving in the National Guard Bureau.
(3) Those counted under
(c)(1) The authorized strength of the Navy under subsection (a) is exclusive of officers counted under
(2) The remaining authorizations for the Navy under subsection (a) shall be distributed among such other staff corps as are established by the Secretary of the Navy under the authority provided by
(A) if the Secretary has established a Supply Corps, the authorized strength for the Supply Corps shall be seven; and
(B) if the Secretary has established a Civil Engineering Corps, the authorized strength for the Civil Engineering Corps shall be two.
(3) Not more than 50 percent of the officers in an active status authorized under this section for the Navy may serve in the grade of rear admiral.
(4)(A) For the purposes of paragraph (1), the Medical Department staff corps referred to in the table are as follows:
(i) The Medical Corps.
(ii) The Dental Corps.
(iii) The Nurse Corps.
(iv) The Medical Service Corps.
(B) Each of the Medical Department staff corps is authorized one rear admiral (lower half) within the strength authorization distributed to the Medical Department staff corps under paragraph (1). The Secretary of the Navy shall distribute the remainder of the strength authorization for the Medical Department staff corps under that paragraph among those staff corps as the Secretary determines appropriate to meet the needs of the Navy.
(d) The authorized strength of the Marine Corps under subsection (a) is exclusive of those counted under
(e)(1) A reserve general officer of the Army or Air Force may not be reduced in grade because of a reduction in the number of general officers authorized under subsection (a).
(2) An officer of the Naval Reserve or the Marine Corps Reserve may not be reduced in permanent grade because of a reduction in the number authorized by this section for his grade.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1998—Subsec. (c)(1).
Subsec. (c)(4).
1996—Subsec. (a).
Effective Date of 1996 Amendment
Amendment by
Cross References
Adjutants general and assistant adjutants general, reference as applicable to other officers of National Guard, see
Section Referred to in Other Sections
This section is referred to in
§12005. Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower half) in an active status
(a)(1) Subject to paragraph (2), the authorized strength of the Army and the Air Force in reserve commissioned officers in an active status in each grade named in paragraph (2) is as prescribed by the Secretary of the Army or the Secretary of the Air Force, respectively. A vacancy in any grade may be filled by an authorized appointment in any lower grade.
(2) A strength prescribed by the Secretary concerned under paragraph (1) for a grade may not be higher than the percentage of the strength authorized for the Army or the Air Force, as the case may be, under
Grade | Army percentage | Air Force percentage |
---|---|---|
Colonel | 2 | 1.8 |
Lieutenant colonel | 6 | 4.6 |
Major | 13 | 14.0 |
Captain | 35 | 32.0 |
First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under |
44 | 47.6 |
(b)(1) The authorized strengths of the Naval Reserve in line officers in an active status in the grades of captain, commander, lieutenant commander, and lieutenant, and in the grades of lieutenant (junior grade) and ensign combined, are the following percentages of the total authorized number of those officers:
Captain | 1.5 percent |
Commander | 7 percent |
Lieutenant commander | 22 percent |
Lieutenant | 37 percent |
Lieutenant (junior grade) and ensign (when combined with the number authorized for flag officer grades under |
32.5 percent. |
(2) When the actual number of line officers in an active status in any grade is less than the number authorized by paragraph (1) for that grade, the difference may be applied to increase the number authorized by that paragraph for any lower grade or grades.
(c)(1) The authorized strengths of the Marine Corps Reserve in officers in an active status in the grades of colonel, lieutenant colonel, major, and captain, and in the grades of first lieutenant and second lieutenant combined, are the following percentages of the total authorized number of those officers:
Colonel | 2 percent |
Lieutenant colonel | 6 percent |
Major | 12 percent |
Captain | 35 percent |
First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under |
32.5 percent. |
(2) When the actual number of officers in an active status in any grade is less than the number authorized by paragraph (1) for that grade, the difference may be applied to increase the number authorized by that paragraph for any lower grade or grades.
(d)(1) An officer of the Army or Air Force may not be reduced in grade because of a reduction in the number of commissioned officers authorized for the officer's grade under this section.
(2) An officer of the Naval Reserve or the Marine Corps Reserve may not be reduced in permanent grade because of a reduction in the number authorized by this section for his grade.
(Added
Prior Provisions
Provisions similar to those in this section were contained in sections 3219, 5457(b)–(d), 5458(b)–(d), and 8219 of this title, prior to repeal by
Section Referred to in Other Sections
This section is referred to in
§12006. Strength limitations: authority to waive in time of war or national emergency
(a) In time of war, or of national emergency declared by Congress or the President, the President may suspend the operation of any provision of
(b) Any suspension under subsection (a) shall, if not sooner ended, end on the last day of the two-year period beginning on the date on which the suspension (or the last extension thereof) takes effect or on the last day of the one-year period beginning on the date of the termination of the war or national emergency, whichever occurs first. With respect to the end of any such suspension, the preceding sentence supersedes the provisions of title II of the National Emergencies Act (
(Added
References in Text
The National Emergencies Act, referred to in subsec. (b), is
§12007. Reserve officers of the Army: distribution
The Secretary of the Army shall distribute the number of reserve commissioned officers, other than commissioned warrant officers, authorized in each commissioned grade between those assigned to reserve units organized to serve as units and those not assigned to such units. The Secretary shall distribute the number who are assigned to reserve units organized to serve as units among the units of each reserve component by prescribing appropriate tables of organization and tables of distribution. The Secretary shall distribute the number who are not assigned to such units between—
(1) each special branch; and
(2) all other branches taken together.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
§12008. Army Reserve and Air Force Reserve: warrant officers
The Secretary of the Army may prescribe the authorized strength of the Army Reserve in warrant officers. The Secretary of the Air Force may prescribe the authorized strength of the Air Force Reserve in warrant officers.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
§12009. Army and Air Force reserve components: temporary increases
(a) The authorized strength in any reserve grade, as prescribed under this chapter, for any reserve component under the jurisdiction of the Secretary of the Army or the Secretary of the Air Force is automatically increased to the minimum extent necessary to give effect to each appointment made in that grade under
(b) An authorized strength so increased is increased for no other purpose. While an officer holds that grade, the officer whose appointment caused the increase is counted for the purpose of determining when other appointments, not under those sections, may be made in that grade.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
§12010. Computations for Naval Reserve and Marine Corps Reserve: rule when fraction occurs in final result
When there is a fraction in the final result of any computation under this chapter for the Naval Reserve or the Marine Corps Reserve, a fraction of one-half or more is counted as one, and a fraction of less than one-half is disregarded.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
§12011. Authorized strengths: reserve officers on active duty or on full-time National Guard duty for administration of the reserves or the National Guard
(a) The number of reserve officers of the Army, Air Force, and Marine Corps who may be on active duty or full-time National Guard duty in each of the grades of major, lieutenant colonel, and colonel, and of the Navy who may be on active duty in each of the grades of lieutenant commander, commander, and captain, as of the end of any fiscal year for duty described in subclauses (B) and (C) of
Grade | Army | Navy | Air Force | Marine Corps |
---|---|---|---|---|
Major or Lieutenant Commander | 3,227 | 1,071 | 860 | 140 |
Lieutenant Colonel or Commander | 1,611 | 520 | 777 | 90 |
Colonel or Navy Captain | 471 | 188 | 297 | 30 |
(b) Whenever the number of officers serving in any grade is less than the number authorized for that grade under this section, the difference between the two numbers may be applied to increase the number authorized under this section for any lower grade.
(Added
Amendments
1999—Subsec. (a).
1998—Subsec. (a).
1996—Subsec. (a).
1994—
1993—Subsec. (a).
1991—Subsec. (a).
1989—Subsec. (a).
1987—Subsec. (a).
1985—Subsec. (a).
1984—
Subsec. (a).
1983—Subsec. (a).
1982—Subsec. (a).
1981—Subsec. (a).
Effective Date of 1998 Amendment
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1989 Amendment
Section 413(b)(2) of
Effective Date of 1987 Amendment
Section 413(b)(2) of
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1983 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§12012. Authorized strengths: senior enlisted members on active duty or on full-time National Guard duty for administration of the reserves or the National Guard
(a) The number of enlisted members in pay grades E–8 and E–9 who may be on active duty (other than for training) or on full-time National Guard duty under the authority of
Grade | Army | Navy | Air Force | Marine Corps |
---|---|---|---|---|
E–9 | 645 | 202 | 405 | 20 |
E–8 | 2,593 | 429 | 1,041 | 94 |
(b) Whenever the number of members serving in pay grade E–9 for duty described in subsection (a) is less than the number authorized for that grade under subsection (a), the difference between the two numbers may be applied to increase the number authorized under such subsection for pay grade E–8.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1999—Subsec. (a).
1998—Subsec. (a).
1996—
Subsec. (a).
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by section 1501(b)(10) of
Section Referred to in Other Sections
This section is referred to in title 32 section 112.
CHAPTER 1203 —ENLISTED MEMBERS
§12101. Definition
In this chapter, the term "enlistment" means original enlistment or reenlistment.
(Added
Effective Date
Chapter effective Dec. 1, 1994, except as otherwise provided, see section 1691 of
§12102. Reserve components: qualifications
(a) To become an enlisted member of a reserve component a person must be enlisted as a Reserve of an armed force and subscribe to the oath prescribed by
(b) Except as otherwise provided by law, the Secretary concerned shall prescribe physical, mental, moral, professional, and age qualifications for the enlistment of persons as Reserves of the armed forces under his jurisdiction. However, no person may be enlisted as a Reserve unless—
(1) he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (
(2) he has previously served in the armed forces or in the National Security Training Corps.
(c) A person who is otherwise qualified, but who has a physical defect that the Secretary concerned determines will not interfere with the performance of the duties to which that person may be assigned, may be enlisted as a Reserve of any armed force under the jurisdiction of that Secretary.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
510(a) 510(b) 510(c) 510(d) |
50:952 (less proviso). 50:941(a) (as applicable to enlistments). 50:941(b) (as applicable to enlistments). 50:956 (as applicable to enlistments). |
July 9, 1952, ch. 608, §§217 (less (c), as applicable to enlistments), 228 (less proviso), 232 (as applicable to enlistments), |
In subsection (a), the last sentence is inserted to reflect
In subsection (b), the word "However" is substituted for the words "Subject to the limitation that". The words "as Reserves in the armed forces under his jurisdiction" are substituted for the words "of Reserve members of the Armed Forces of the United States". The words "its Territories" are omitted as surplusage, since citizens of the Territories are citizens of the United States.
In subsection (c), the words "armed force concerned" are substituted for the words "of the appropriate Armed Force of the United States". The words "in which she previously served satisfactorily" are substituted for the words "satisfactorily held by her".
In subsection (d), the words "under the jurisdiction of that Secretary" are inserted for clarity. The words "general or special" are omitted as surplusage.
References in Text
The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477,
Amendments
1996—Subsecs. (c), (d).
1994—
Subsec. (a).
Subsecs. (c), (d).
1980—Subsec. (b)(1).
1968—Subsec. (a).
1967—Subsec. (c).
1963—Subsec. (b)(1).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by sections 1662(b)(2) and 1675(a) of
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Treatment of Single Parents Enlisting in Reserve Components of the Armed Forces
Cross References
National Security Training Corps, see
§12103. Reserve components: terms
(a) Except as otherwise prescribed by law, enlistments as Reserves are for terms prescribed by the Secretary concerned. However, an enlistment that is in effect at the beginning of a war or of a national emergency declared by Congress, or entered into during such a war or emergency, and that would otherwise expire, continues in effect until the expiration of six months after the end of that war or emergency, whichever is later, unless sooner terminated by the Secretary concerned.
(b) Under regulations to be prescribed by the Secretary of Defense, and by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, a person who is qualified for enlistment for active duty in an armed force, and who is not under orders to report for induction into an armed force under the Military Selective Service Act (
(1) on active duty for a period of not less than two years; and
(2) the rest of his period of enlistment as a member of the Ready Reserve.
(c) In time of war or of national emergency declared by Congress the term of service of an enlisted member transferred to a reserve component according to law, that would otherwise expire, continues until the expiration of six months after the end of that war or emergency, whichever is later, unless sooner terminated by the Secretary concerned.
(d) Under regulations to be prescribed by the Secretary of Defense, or the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, a non-prior-service person who is qualified for induction for active duty in an armed force and who is not under orders to report for induction into an armed force under the Military Selective Service Act (
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
511(a) 511(b) |
50:951 (less (c)). 50:951(c). |
July 9, 1952, ch. 608, §227, |
In subsection (a), the first sentence is substituted for 50:951(a). The words "as Reserves in the Armed Forces of the United States" and "the existence of" are omitted as surplusage.
In subsections (a) and (b), the word "hereafter" is omitted as surplusage. The words "the expiration of" are inserted for clarity.
In subsection (b), the word "continues" is substituted for the words "shall * * * be extended".
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
511(b) | 50:1012. | Aug. 9, 1955, ch. 665, §2(i) (1st 2 pars.), |
In subsection (b), the words "respectively, pursuant to the provisions of this section" are omitted as surplusage. The words "as a Reserve for service" are inserted to reflect
References in Text
The Military Selective Service Act, referred to in subsecs. (b) and (d), is act June 24, 1948, ch. 625,
Amendments
1994—
1983—Subsec. (b).
Subsec. (d).
1982—Subsec. (b).
Subsec. (d).
1980—Subsec. (d).
1979—Subsec. (d).
1978—Subsec. (b).
1975—Subsec. (d).
1967—Subsec. (d).
1963—Subsec. (d).
1958—Subsecs. (b), (c).
Effective Date of 1983 Amendment
Section 1022(a)(2) of
Effective Date of 1982 Amendment
Section 1115(b) of
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Section 805(c) of
Effective Date of 1978 Amendment
Section 405(c)(2) of
Effective Date of 1967 Amendment
For effective date of amendment by
Cross References
Extension of enlistment term of officer candidates, see
Section Referred to in Other Sections
This section is referred to in title 5 section 2108; title 14 section 713; title 37 section 205; title 38 sections 3002, 3202, 3452, 3501; title 50 App. section 456.
§12104. Reserve components: transfers
(a) A person who would otherwise be required to be transferred to a reserve component under
(b) A person covered by subsection (a) shall perform the rest of his required term of service in the armed force in which he is so enlisted or in any other armed force in which he is later enlisted or appointed.
(c) This section does not change any term of service under an appointment, enlistment, or agreement, including an agreement made before or at the time when the member entered upon a program authorized by an armed force.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
512(a) 512(b) |
50:929(a) (less 2d sentence, as applicable to enlistments). 50:929(a) (2d sentence, as applicable to enlistments). |
July 9, 1952, ch. 608, §209 (as applicable to enlistments), |
512(c) | 50:929(b) (as applicable to enlistments). |
In subsection (a), the words "is entitled * * * to be enlisted in any armed force that he chooses" are substituted for the words "shall * * * be permitted to enlist * * * in such Armed Force of the United States as he may elect". The second sentence is substituted for 50:929(a) (words within parentheses). The words "of an Armed Force of the United States" are omitted as surplusage.
In subsection (b), the word "rest" is substituted for the words "remaining period". The words "be required to" are omitted as surplusage.
In subsection (c), the words "This section does not" are substituted for the words "Nothing in this section shall be construed". The word "change" is substituted for the words "reduce, limit, or modify". The words "which any person may undertake to perform" are omitted as surplusage.
References in Text
The Military Selective Service Act, referred to in subsec. (a), is act June 24, 1948, ch. 625,
Amendments
1994—
1980—Subsec. (a).
Effective Date of 1980 Amendment
Amendment by
Cross References
Active duty agreements, see
§12105. Army Reserve and Air Force Reserve: transfer from Guard components
(a) Under such regulations as the Secretary concerned may prescribe—
(1) an enlisted member of the Army National Guard of the United States may be transferred in grade to the Army Reserve; and
(2) an enlisted member of the Air National Guard of the United States may be transferred in grade to the Air Force Reserve.
(b) Upon such a transfer, the member transferred is eligible for promotion to the highest regular or reserve grade ever held by him in the Army, if transferred under subsection (a)(1), or the Air Force, if transferred under subsection (a)(2), if his service has been honorable.
(c) A transfer under this section may only be made with the consent of the governor or other appropriate authority of the State concerned.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Section Referred to in Other Sections
This section is referred to in title 32 section 323.
§12106. Army and Air Force Reserve: transfer to upon withdrawal as member of National Guard
(a) An enlisted member of the Army National Guard of the United States who ceases to be a member of the Army National Guard becomes a member of the Army Reserve unless he is also discharged from his enlistment as a Reserve.
(b) An enlisted member of the Air National Guard of the United States who ceases to be a member of the Air National Guard becomes a member of the Air Force Reserve unless he is also discharged from his enlistment as a Reserve.
(c) An enlisted member who becomes a member of the Army Reserve or the Air Force Reserve under this section ceases to be a member of the Army National Guard of the United States or the Air National Guard of the United States, as the case may be.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
§12107. Army National Guard of United States; Air National Guard of the United States: enlistment in
(a) Except as provided in subsection (c), to become an enlisted member of the Army National Guard of the United States or the Air National Guard of the United States, a person must—
(1) be enlisted in the Army National Guard or the Air National Guard, as the case may be;
(2) subscribe to the oath set forth in
(3) be a member of a federally recognized unit or organization of the Army National Guard or the Air National Guard, as the case may be, in the grade in which he is to be enlisted as a Reserve.
(b)(1) Under regulations to be prescribed by the Secretary of the Army, a person who enlists in the Army National Guard, or whose term of enlistment in the Army National Guard is extended, shall be concurrently enlisted, or his term of enlistment shall be concurrently extended, as the case may be, as a Reserve of the Army for service in the Army National Guard of the United States.
(2) Under regulations to be prescribed by the Secretary of the Air Force, a person who enlists in the Air National Guard, or whose term of enlistment in the Air National Guard is extended, shall be concurrently enlisted, or his term of enlistment shall be concurrently extended, as the case may be, as a Reserve of the Air Force for service in the Air National Guard of the United States.
(c)(1) A member of the Army Reserve who enlists in the Army National Guard in his reserve grade, and is a member of a federally recognized unit or organization of the Army National Guard, becomes a member of the Army National Guard of the United States and ceases to be a member of the Army Reserve.
(2) A member of the Air Force Reserve who enlists in the Air National Guard in his reserve grade, and is a member of a federally recognized unit or organization of the Air National Guard, becomes a member of the Air National Guard of the United States and ceases to be a member of the Air Force Reserve.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Section Referred to in Other Sections
This section is referred to in
CHAPTER 1205 —APPOINTMENT OF RESERVE OFFICERS
Amendments
1996—
Chapter Referred to in Other Sections
This chapter is referred to in
§12201. Reserve officers: qualifications for appointment
(a) To become an officer of a reserve component a person must be appointed as a Reserve of an armed force in a grade corresponding to a grade authorized for the regular component of the armed force concerned and subscribe to the oath prescribed by
(b) Except as otherwise provided by law, the Secretary concerned shall prescribe physical, mental, moral, professional, and age qualifications for the appointment of persons as Reserves of the armed forces under his jurisdiction. However, no person may be appointed as a Reserve unless he is at least 18 years of age and—
(1) he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (
(2) he has previously served in the armed forces or in the National Security Training Corps.
(c) A person who is otherwise qualified, but who has a physical defect that the Secretary concerned determines will not interfere with the performance of the duties to which that person may be assigned, may be appointed as a Reserve of any armed force under the jurisdiction of that Secretary.
(d) In prescribing age qualifications under subsection (b) for the appointment of persons as Reserves of the armed forces under his jurisdiction, the Secretary concerned may not prescribe a maximum age qualification of less than 47 years of age for the initial appointment of a person as a Reserve to serve in a health profession specialty which has been designated by the Secretary concerned as a specialty critically needed in wartime.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
591(a) 591(b) 591(c) 591(d) |
50:946. 50:941(a) (less applicability to enlistments). 50:941(b) (less applicability to enlistments). 50:956 (less applicability to enlistments). |
July 9, 1952, ch. 608, §§217 (less (c), and less applicability to enlistments), 222, 232 (less applicability to enlistments), |
In subsection (a), 50:946(a) (last 12 words of proviso) is omitted as covered by
In subsection (b), the word "However" is substituted for the words "Subject to the limitation that". The exception as to section 4(i)(7) of the Universal Military Training and Service Act is inserted for clarity. The words "as Reserves of the armed forces under his jurisdiction" are substituted for the words "of Reserve members of the Armed Forces of the United States". The words "unless he is at least 18 years of age" are substituted for 50:941(a) (last sentence). The words "its Territories" are omitted as surplusage, since citizens of the Territories are citizens of the United States.
In subsection (c), the words "armed force concerned" are substituted for the words "of the appropriate Armed Force of the United States". The words "in the grades corresponding to the grades authorized for female officers of the" are substituted for the words "in the same grades * * * as are authorized for women in the", to conform to subsection (a). The words "in which she previously served satisfactorily" are substituted for the words "satisfactorily held by her".
In subsection (d), the words "under the jurisdiction of that Secretary" are inserted for clarity. The words "general or special" are omitted as surplusage.
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
591(c) | 50:941(b). | July 30, 1956, ch. 789, §4(a), |
The words "Subject to
References in Text
The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477,
Amendments
1996—
Subsecs. (c) to (e).
1994—
Subsecs. (c) to (e).
1987—Subsec. (e).
1980—Subsec. (b).
1967—Subsec. (c).
1966—Subsec. (a).
1963—Subsec. (b) (1).
1958—Subsec. (c).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by section 1631(b) of
Effective Date of 1980 Amendment
Amendment by
Baccalaureate Degree Required for Appointment or Promotion of Reserve Component Officers to Grades Above First Lieutenant or Lieutenant (Junior Grade)
Priority in Making Original Appointments in Guard and Reserve Components for ROTC Scholarship Program Graduates
Report on Initial Appointment of All Officers as Reserve Officers and on Appropriate Active Duty Obligation of Graduates of Service Academies
Deadline for Regulations Implementing Subsection (e) of This Section
Section 718(b) of
Cross References
National Guard, Federal recognition of commissioned officers, see
Section Referred to in Other Sections
This section is referred to in
§12202. Commissioned officer grades
Except for commissioned warrant officers, the reserve commissioned officer grades in each armed force are those authorized for regular commissioned officers of that armed force.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
592 | 50:1181(1) (as applicable to 50:1201). 50:1201. |
Sept. 3, 1954, ch. 1257, §§102(1) (as applicable to §211), 211, |
The words "including those heretofore or hereafter transferred to the Retired Reserve", "permanent", and "pursuant to the Officer Personnel Act of 1947, as amended" are omitted as surplusage. The rule as to the Coast Guard is consolidated with the rule applicable to the other armed forces, since 14:754 prescribes the same substantive result as that prescribed by 50:1201 for the other armed forces.
Amendments
1994—
§12203. Commissioned officers: appointment, how made; term
(a) Appointments of reserve officers in commissioned grades above lieutenant colonel and commander or below, except commissioned warrant officer, shall be made by the President alone. Appointments of reserve officers in commissioned grades above lieutenant colonel and commander shall be made by the President, by and with the advice and consent of the Senate, except as provided in
(b) Appointments of Reserves in commissioned grades are for an indefinite term and are held during the pleasure of the President.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
593(a) 593(b) |
50:942. 50:943. 50:945. 50:948 (less 3d and 4th sentences, as applicable to commissioned officers). |
July 9, 1952, ch. 608, §§218, 219, 221, 224 (less 3d and 4th sentences, as applicable to commissioned officers), |
In subsection (a), the word "alone" is inserted for clarity. The exception as to commissioned warrant officers is inserted to reflect
In subsection (b), 50:948 (2d and last sentences) is omitted as executed.
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
593(a) | [No source]. | [No source]. |
The exception is inserted to reflect
Amendments
1996—Subsec. (a).
1994—
Subsec. (a).
1980—Subsec. (a).
1971—Subsec. (a).
1958—Subsec. (a).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by sections 1662(c)(2) and 1675(b)(1) of
Effective Date of 1980 Amendment
Amendment by
Indefinite Appointments for Certain Reserve Officers
Section 41 of act Aug. 10, 1956, provided that: "Each person who was a reserve officer on July 9, 1952, and who did not hold an appointment for an indefinite term on that date, shall be given an appointment for an indefinite term in place of the appointment he then held, if after written notification by competent authority before July 2, 1953, the officer agrees in writing to have that appointment continued for an indefinite term. In the event such officer does not agree in writing, the term of his current appointment shall not be changed by this section."
Cross References
Coast Guard Reserve officers, appointment as prescribed in this section, see
Reserve warrant officers, appointment, see
Section Referred to in Other Sections
This section is referred to in
§12204. Commissioned officers: original appointment; limitation
(a) No person may be appointed as a Reserve in a commissioned grade above major or lieutenant commander, unless—
(1) he was formerly a commissioned officer of an armed force; or
(2) such an appointment is recommended by a board of officers convened by the Secretary concerned.
(b) This section does not apply to adjutants general and assistant adjutants general of the several States and Territories, Puerto Rico, and the District of Columbia.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
594(a) | 50:941(c) (less 1st 21 words). | July 9, 1952, ch. 608 §217(c), |
594(b) | 50:941(c) (1st 21 words). |
In subsection (a), the words "unless * * * he was formerly" are substituted for the words "has not held an appointment as". The words "or any component thereof" are omitted as surplusage.
Amendments
1994—
1988—Subsec. (b).
Cross References
Adjutants general, see
§12205. Commissioned officers: appointment; educational requirement
(a)
(b)
(1) The appointment to or recognition in a higher grade of a person who is appointed in or assigned for service in a health profession for which a baccalaureate degree is not a condition of original appointment or assignment.
(2) The appointment in the Naval Reserve or Marine Corps Reserve of a person appointed for service as an officer designated as a limited duty officer.
(3) The appointment in the Naval Reserve of a person appointed for service under the Naval Aviation Cadet (NAVCAD) program or the Seaman to Admiral program.
(4) The appointment to or recognition in a higher grade of any person who was appointed to, or federally recognized in, the grade of captain or, in the case of the Navy, lieutenant before October 1, 1995.
(5) Recognition in the grade of captain or major in the Alaska Army National Guard of a person who resides permanently at a location in Alaska that is more than 50 miles from each of the cities of Anchorage, Fairbanks, and Juneau, Alaska, by paved road and who is serving in a Scout unit or a Scout supporting unit.
(c)
(2)(A) An unaccredited educational institution shall be considered to be a qualifying educational institution for purposes of the appointment or recognition of a person who is a graduate of that institution if the Secretary concerned determines that (as of the year of the graduation of that person from that institution) at least three educational institutions that are accredited and that maintain Reserve Officers' Training Corps programs each generally grant baccalaureate degree credit for completion of courses of the unaccredited institution equivalent to the baccalaureate degree credit granted by the unaccredited institution for the completion of those courses.
(B) In order to assist the Secretary concerned in making determinations under subparagraph (A), any unaccredited institution that seeks to be considered to be a qualifying educational institution for purposes of this paragraph shall submit to the Secretary of Defense each year such information as the Secretary may require concerning the program of instruction at that institution.
(C) In the case of a person with a degree from an unaccredited institution that is a qualifying educational institution under this paragraph, the degree may not have been awarded more than eight years before the date on which the person is to be appointed to, or recognized in, the grade of captain or, in the case of the Naval Reserve, lieutenant, in order for that person to be considered for purposes of subsection (a) to have been awarded a baccalaureate degree by a qualifying educational institution.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1996—Subsec. (a).
Subsec. (b)(3).
Subsec. (c)(2)(C).
1994—
Subsec. (a).
Subsec. (b)(2), (3).
Subsec. (b)(5).
Subsec. (c).
Authority for Temporary Waiver for Certain Army Reserve Officers of Baccalaureate Degree Requirement for Promotion of Reserve Officers
"(a)
"(b)
§12206. Commissioned officers: appointment of former commissioned officers
Under regulations prescribed by the Secretary of Defense, a person who is a former commissioned officer may, if otherwise qualified, be appointed as a reserve officer of the Army, Navy, Air Force, or Marine Corps. A person so appointed—
(1) may be placed on the reserve active-status list of that armed force in the grade equivalent to the permanent regular or reserve grade, and in the same competitive category, in which the person previously served satisfactorily on active duty or in an active status; and
(2) may be credited for the purpose of determining date of rank under
(Added §596a and renumbered §12206,
Amendments
1994—
Effective Date
Section effective Oct. 1, 1996, see section 1691(b)(1) of
§12207. Commissioned officers: service credit upon original appointment
(a)(1) For the purpose of determining the grade and the rank within grade of a person receiving an original appointment as a reserve commissioned officer (other than a commissioned warrant officer) in the Army, Navy, Air Force, or Marine Corps, the person shall be credited at the time of the appointment with any commissioned service (other than service as a commissioned warrant officer) performed before such appointment as a regular officer, or as a reserve officer in an active status, in any armed force, the National Oceanic and Atmospheric Administration, or the Public Health Service.
(2) The Secretary of Defense shall prescribe regulations, which shall apply uniformly among the Army, Navy, Air Force, and Marine Corps, to authorize the Secretary of the military department concerned to limit the amount of prior commissioned service with which a person receiving an original appointment may be credited under paragraph (1), or to deny any such credit, in the case of a person who at the time of such appointment is credited with constructive service under subsection (b).
(b)(1) Under regulations prescribed by the Secretary of Defense, a person who is receiving an original appointment as a reserve commissioned officer (other than a commissioned warrant officer) of the Army, Navy, Air Force, or Marine Corps, or a designation in, or an assignment to, an officer category in which advanced education or training is required and who has advanced education or training, shall be credited with constructive service for such education, training, or experience, as follows:
(A) One year for each year of advanced education beyond the baccalaureate degree level, for persons appointed or designated in, or assigned to, officer categories requiring such advanced education or an advanced degree as a prerequisite for such appointment, designation, or assignment. In determining the number of years of constructive service to be credited under this subparagraph to officers in any professional field, the Secretary concerned shall credit an officer with, but with not more than, the number of years of advanced education required by a majority of institutions that award degrees in that professional field for completion of the advanced education or award of the advanced degree.
(B)(i) Credit for any period of advanced education in a health profession (other than medicine and dentistry) beyond the baccalaureate degree level which exceeds the basic education criteria for such appointment, designation, or assignment, if such advanced education will be directly used by the armed force concerned.
(ii) Credit for experience in a health profession (other than medicine or dentistry), if such experience will be directly used by the armed force concerned.
(C) Additional credit of (i) not more than one year for internship or equivalent graduate medical, dental, or other formal health professional training required by the armed forces, and (ii) not more than one year for each additional year of such graduate-level training or experience creditable toward certification in a speciality required by the armed force concerned.
(D) Additional credit, in unusual cases, based on special experience in a particular field.
(E) Additional credit for experience as a physician or dentist, if appointed, assigned, or designated as a medical or dental officer.
(2) If the Secretary of Defense determines that the number of medical or dental officers serving in an active status in a reserve component of the Army, Navy, or Air Force in grades below major or lieutenant commander is critically below the number needed by such reserve component in such grades, the Secretary of Defense may authorize the Secretary of the military department concerned to credit any person who is receiving an original appointment for service as a medical or dental officer with a period of constructive credit in such amount (in addition to any amount credited such person under subsection (b)) as will result in the grade of such person being that of captain or, in the case of the Naval Reserve, lieutenant.
(3) Except as authorized by the Secretary concerned in individual cases and under regulations prescribed by the Secretary of Defense in the case of a medical or dental officer, the amount of constructive service credited an officer under this subsection may not exceed the amount required in order for the officer to be eligible for an original appointment as a reserve officer of the Army, Air Force, or Marine Corps in the grade of major or as a reserve officer of the Navy in the grade of lieutenant commander.
(4) Constructive service credited an officer under this subsection is in addition to any service credited that officer under subsection (a) and shall be credited at the time of the original appointment of the officer or assignment to or designation in an officer category in which advanced education or training or special experience is required.
(c) Constructive service may not be credited under subsection (b) for education, training, or experience obtained while serving as a commissioned officer (other than a warrant officer) on active duty or in an active status. However, in the case of an officer who completes advanced education or receives an advanced degree while on active duty or in an active status and in less than the number of years normally required to complete such advanced education or receive such advanced degree, constructive service may, subject to regulations prescribed under subsection (a)(2), be credited to the officer under subsection (b)(1)(A) to the extent that the number of years normally required to complete such advanced education or receive such advanced degree exceeds the actual number of years in which such advanced education or degree is obtained by the officer.
(d) If the Secretary of Defense determines that the number of qualified judge advocates serving on the active-duty list of the Army, Navy, Air Force, or Marine Corps in grades below lieutenant commander or major is critically below the number needed by that armed force in those grades, the Secretary of Defense may authorize the Secretary of the military department concerned to credit any person who is receiving an original appointment with a view to assignment to the Judge Advocate General's Corps of the Army or appointment to the Judge Advocate General's Corps of the Navy, or who is receiving an original appointment in the Air Force or Marine Corps with a view to designation as a judge advocate, with a period of constructive service in such an amount (in addition to any amount credited such person under subsection (b)) as will result in the grade of such person being that of captain or, in the case of the Navy, lieutenant, and the date of rank of such person being junior to that of all other officers of the same grade serving on the active-duty list.
(e) Constructive service credited an officer under subsection (b) or (d) shall be used only for determining the officer's—
(1) initial grade as a reserve officer;
(2) rank in grade; and
(3) service in grade for promotion eligibility.
(f) The grade and position on the reserve active-status list of a person receiving an appointment as a reserve officer who at the time of appointment is credited with service under this section shall be determined under regulations prescribed by the Secretary of Defense based upon the amount of service credited.
(Added §596b and renumbered §12207,
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1994—
Effective Date
Section effective Oct. 1, 1996, see section 1691(b)(1) of
Section Referred to in Other Sections
This section is referred to in
§12208. Officers: appointment upon transfer
(a) A person who would otherwise be required to be transferred to a reserve component under
(b) A person covered by subsection (a) shall perform the rest of his required term of service in the armed force in which he is so appointed or in any other armed force in which he is later appointed or enlisted.
(c) This section does not change any term of service under an appointment, enlistment, or agreement, including an agreement made before or at the time when the member entered upon a program authorized by an armed force.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
595(a) 595(b) |
50:929(a) (less 2d sentence, less applicability to enlistments). 50:929(a) (2d sentence, and less applicability to enlistments). |
July 9, 1952, ch. 608, §209 (less applicability to enlistments), |
595(c) | 50:929(b) (less applicability to enlistments). |
In subsection (a), the words "is entitled * * * to be appointed as an officer of any armed force that he chooses" are substituted for the words "shall be permitted to * * * accept an appointment in such armed force of the United States as he may elect". The last sentence is substituted for 50:929(a) (words within parentheses). The words "of an armed force of the United States" are omitted as surplusage.
In subsection (b), the word "rest" is substituted for the words "remaining period". The words "be required to" are omitted as surplusage.
In subsection (c), the words "This section does not" are substituted for the words "Nothing in this section shall be construed". The word "change" is substituted for the words "reduce, limit, or modify". The words "which any person may undertake to perform" are omitted as surplusage.
References in Text
The Military Selective Service Act, referred to in subsec. (a), is act June 24, 1948, ch. 625,
Amendments
1994—
1980—Subsec. (a).
Effective Date of 1980 Amendment
Amendment by
Cross References
Active duty agreements, see
§12209. Officer candidates: enlisted Reserves
(a) Within such numbers as the Secretary concerned may prescribe, enlisted Reserves may, with their consent, be selected for training as officer candidates. Enlisted Reserves so selected shall be designated as officer candidates during that training. However, no member of the Army National Guard of the United States or the Air National Guard of the United States may be so selected or designated unless—
(1) he is on active duty; or
(2) the governor or other appropriate authority of the jurisdiction concerned consents.
(b) The enlistment or term of service of a Reserve who is designated as an officer candidate under this section is extended to include any period, beyond its normal expiration date, during which he is an officer candidate.
(c) While he is on active duty, other than active duty for training without pay, or performing authorized travel to and from that duty, an officer candidate designated under this section is entitled to the pay and allowances of his enlisted grade, but not less than those prescribed for pay grade E–2.
(d) An officer candidate designated under this section may not participate in the program of a reserve officer training corps of any armed force.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
600(a) 600(b) 600(c) 600(d) |
50:935(a). 50:954(a). 50:973. 50:954(b). |
July 9, 1952, ch. 608, §§215(a), 230, 242, |
In subsection (a), the words "who is not in active Federal service" are substituted for the words "when not in the active military service of the United States". The word "during" is substituted for the words "for the period of".
In subsection (c), the words "active duty other than active duty for training without pay" are substituted for the words "active duty or active duty for training with pay". The words "enlisted members of the reserve components designated as", "enlisted", and "under the Career Compensation Act of 1949, as amended" are omitted as surplusage.
Amendments
1996—
1994—
Effective Date of 1996 Amendment
Amendment by
Cross References
Basic pay and allowances, see
Section Referred to in Other Sections
This section is referred to in title 14 section 705.
§12210. Attending Physician to the Congress: reserve grade while so serving
While serving as Attending Physician to the Congress, a Reserve who holds a reserve grade lower than major general or rear admiral shall hold the reserve grade of major general or rear admiral, as appropriate, if appointed to that grade by the President, by and with the advice and consent of the Senate.
(Added
Amendments
1996—
1994—
Effective Date of 1996 Amendment
Amendment by
Effective Date
Section 508(f) of
§12211. Officers: Army National Guard of the United States
(a) Upon being federally recognized, an officer of the Army National Guard shall be appointed as a Reserve for service as a member of the Army National Guard of the United States in the grade that he holds in the Army National Guard. However, an officer of the Army Reserve who is federally recognized as an officer of the Army National Guard becomes an officer of the Army National Guard of the United States and ceases to be an officer of the Army Reserve. The acceptance of an appointment as a Reserve for service as a member of the Army National Guard of the United States by an officer of the Army National Guard does not vacate his office in the Army National Guard.
(b) When an officer of the Army National Guard to whom temporary Federal recognition has been extended is appointed as a Reserve for service as a member of the Army National Guard of the United States, his appointment shall bear the date of the temporary recognition and shall be considered to have been accepted and effective on that date.
(c) When the Army National Guard of the United States is ordered to active duty, any officer of the Army National Guard who is not a Reserve of the Army may be appointed by the President as a Reserve for service as a member of the Army National Guard of the United States in the grade that he holds in the Army National Guard.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3351(a) 3351(b) 3351(c) |
50:1113 (less (a)). 50:1115(a) (last 39 words). 50:1114 (2d sentence). 50:1123 (less (a)). |
July 9, 1952, ch. 608, §§703 (less (a)), 704 (2d sentence), 705(a) (last 39 words), 713 (less (a)), |
In subsection (a), the words "as a Reserve" are substituted for the words "as Reserve officers of the appropriate Armed Force of the United States" and "as a Reserve officer of the Armed Force of the United States concerned", in 50:1113(b). The words "federally recognized appointments" and "in the same grade and branch", in 50:1113(b), are omitted as surplusage. The words "those officers who do not hold appointments as Reserve officers of the appropriate Armed Force of the United States", in 50:1113(b), are omitted as covered by the second sentence of the revised subsection.
In subsection (c), the words "active duty" are substituted for the words "active military service of the United States". The words "and branch" are omitted as surplusage. The words "of the Army National Guard of the United States" are inserted for clarity.
Amendments
1996—
1994—
Effective Date of 1996 Amendment
Amendment by
§12212. Officers: Air National Guard of the United States
(a) Upon being federally recognized, an officer of the Air National Guard shall be appointed as a Reserve for service as a member of the Air National Guard of the United States in the grade that he holds in the Air National Guard. However, an officer of the Air Force Reserve who is federally recognized as an officer of the Air National Guard becomes an officer of the Air National Guard of the United States and ceases to be an officer of the Air Force Reserve. The acceptance of an appointment as a Reserve for service as a member of the Air National Guard of the United States by an officer of the Air National Guard does not vacate his office in the Air National Guard.
(b) When an officer of the Air National Guard to whom temporary Federal recognition has been extended is appointed as a Reserve for service as a member of the Air National Guard of the United States, his appointment shall bear the date of the temporary recognition and shall be considered to have been accepted and effective on that date.
(c) When the Air National Guard of the United States is ordered to active duty, any officer of the Air National Guard who is not a Reserve of the Air Force may be appointed by the President as a Reserve for service as a member of the Air National Guard of the United States in the grade that he holds in the Air National Guard.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8351(a) 8351(b) 8351(c) |
50:1113 (less (a)). 50:1115(a) (last 39 words). 50:1114 (2d sentence). 50:1123 (less (a)). |
July 9, 1952, ch. 608, §§703 (less (a)), 704 (2d sentence), 705(a) (last 39 words), 713 (less (a)), |
In subsection (a), the words "as a Reserve" are substituted for the words "as Reserve officers of the appropriate Armed Force of the United States" and "as a Reserve officer of the Armed Force of the United States concerned" in 50:1113(b). The words "federally recognized appointments" and "in the same grade and branch", in 50:1113(b), are omitted as surplusage. The words "those officers who do not hold appointments as reserve officers of the appropriate Armed Force of the United States", in 50:1113(b), are omitted as covered by the second sentence of the revised subsection.
In subsection (c), the words "active duty" are substituted for the words "active military service of the United States". The words "and branch" are omitted as surplusage. The words "of the Air National Guard of the United States" are inserted for clarity.
Amendments
1996—
1994—
Effective Date of 1996 Amendment
Amendment by
§12213. Officers; Army Reserve: transfer from Army National Guard of the United States
(a) Under such regulations as the Secretary of the Army may prescribe, and with the consent of the governor or other appropriate authority of the State concerned, an officer of the Army National Guard of the United States may be transferred in grade to the Army Reserve.
(b) Unless discharged from his appointment as a Reserve, an officer of the Army National Guard of the United States whose Federal recognition as a member of the Army National Guard is withdrawn becomes a member of the Army Reserve. An officer who so becomes a member of the Army Reserve ceases to be a member of the Army National Guard of the United States.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3352(a) 3352(b) |
50:1116 (less last 15 words of 1st sentence, and less applicability to enlistments). 50:1117 (less applicability to enlistments). |
July 9, 1952, ch. 608, §§706 (less last 15 words of 1st sentence, and less applicability to enlistments), 707 (less applicability to enlistments), |
In subsection (a), the words "at any time", "of any person", and "from the National Guard of the United States or from the Air National Guard of the United States" are omitted as surplusage. The words "highest regular or reserve grade ever held by him in the Army" are substituted for the words "highest permanent grade previously held in the Army or any component thereof", since "permanent" grades are held only in a component and there are no "non-permanent" grades held in a component.
In subsection (b), the words "appointment as a Reserve" are substituted for the words "appointment or * * * as a Reserve officer or". The words "whose Federal recognition as a member * * * is withdrawn" are substituted for the words "ceases to hold a status as a federally recognized member".
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3352(a) | 50:1254. | Sept. 3, 1954, ch. 1257, §322, |
Amendments
1996—
Subsec. (a).
1994—
Subsec. (a).
1988—Subsec. (a).
1960—Subsec. (a).
1958—Subsec. (a).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendments
Section 1501(f)(1) of
Amendment by sections 1662(c)(3) and 1675(b)(2) of
Section Referred to in Other Sections
This section is referred to in
§12214. Officers; Air Force Reserve: transfer from Air National Guard of the United States
(a) Under such regulations as the Secretary of the Air Force may prescribe, and with the consent of the governor or other appropriate authority of the State concerned, an officer of the Air National Guard of the United States may be transferred in grade to the Air Force Reserve.
(b) Unless discharged from his appointment as a Reserve, an officer of the Air National Guard of the United States whose Federal recognition as a member of the Air National Guard is withdrawn becomes a member of the Air Force Reserve. An officer who so becomes a member of the Air Force Reserve ceases to be a member of the Air National Guard of the United States.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8352(a) 8352(b) |
50:1116 (less last 15 words of 1st sentence, and less applicability to enlistments). 50:1117 (less applicability to enlistments). |
July 9, 1952, ch. 608, §§706 (less last 15 words of 1st sentence, and less applicability to enlistments), 707 (less applicability to enlistments), |
In subsection (a), the words "at any time", "of any person", and "from the National Guard of the United States or from the Air National Guard of the United States" are omitted as surplusage. The words "highest regular or reserve grade ever held by him in the Air Force" are substituted for the words "highest permanent grade previously held in * * * the Air Force or any component thereof", since "permanent" grades are held only in a component and there are no "nonpermanent" grades held in a component.
In subsection (b), the words "appointment as a Reserve" are substituted for the words "appointment or * * * as a Reserve officer or". The words "whose Federal recognition as a member * * * is withdrawn" are substituted for the words "ceases to hold a status as a federally recognized member".
1962 Act
The change reflects the implied repeal of the second sentence of section 8352(a) by section 502(a) of the Reserve Officer Personnel Act of 1954 (
Amendments
1996—
1994—
Subsec. (a).
1988—Subsec. (a).
1962—Subsec. (a).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§12215. Commissioned officers: reserve grade of adjutants general and assistant adjutants general
(a) The adjutant general or an assistant adjutant general of the Army National Guard of a State may, upon being extended Federal recognition, be appointed as a reserve officer of the Army as of the date on which he is so recognized.
(b) The adjutant general or an assistant adjutant general of the Air National Guard of a State may be appointed in the reserve commissioned grade in which Federal recognition in the Air National Guard is extended to him.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Effective Date
Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of
Cross References
Adjutants general and assistant adjutants general, reference as applicable to other officers of National Guard, see
Section Referred to in Other Sections
This section is referred to in
CHAPTER 1207 —WARRANT OFFICERS
Amendments
1996—
Chapter Referred to in Other Sections
This chapter is referred to in
§12241. Warrant officers: grades; appointment, how made; term
(a) The permanent reserve warrant officer grades in each armed force are those prescribed for regular warrant officers by
(b) Appointments made in the permanent reserve grade of warrant officer, W–1, shall be made by warrant by the Secretary concerned. Appointments made in a permanent reserve grade of chief warrant officer shall be made by commission by the Secretary concerned.
(c) Appointments as Reserves in permanent warrant officer grades are for an indefinite term and are held during the pleasure of the Secretary concerned.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
597(a) | 10:600a(a) (less 3d and last sentences, as applicable to permanent reserve appointments). 34:135a(a) (less last sentence, as applicable to permanent reserve appointments). |
May 29, 1954, ch. 249, §§3(a) (less last sentence, as applicable to permanent reserve appointments), 5(a) (last sentence, as applicable to permanent reserve appointments), |
597(b) | 10:600a(a) (3d sentence, as applicable to permanent reserve appointments). 10:600c(a) (last sentence, as applicable to permanent reserve appointments). |
July 9, 1952, ch. 608, §§220, 223, 224 (less 3d and 4th sentences, and less applicability to commissioned officers), |
34:135a(a) (last sentence, as applicable to permanent reserve appointments). | ||
34:135c(a) (last sentence, as applicable to permanent reserve appointments). 50:944. |
||
597(c) | 50:947. | |
50:948 (less 3d and 4th sentences, and less applicability to commissioned officers). |
In subsection (b), the words "W–4, W–3, and W–2" and "persons" are omitted as surplusage.
In subsection (c), the words "After July 9, 1952" are omitted as executed. 50:948 (2d and last sentence) is omitted as executed.
Amendments
1994—
1991—Subsec. (a).
1985—Subsec. (b).
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1985 Amendment
Section 531(d) of
Transition Provisions for 1985 Amendment
Section 531(c) of
"(1) The amendments made by subsections (a) and (b) [amending this section and
"(2) An officer who on the effective date of this section is serving in a chief warrant officer grade under an appointment by warrant may be appointed in that grade by commission under section 555(b) or 597(b) [now 12241(b)] of
Cross References
Regular warrant officers, appointment, see
Section Referred to in Other Sections
This section is referred to in
§12242. Warrant officers: promotion
The promotion of permanent reserve warrant officers not on the warrant officer active-duty list to permanent reserve warrant officer grades shall be governed by such regulations as the Secretary concerned may prescribe.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
598 | 10:600e (last sentence, less applicability to temporary promotions). 34:330 (last sentence, less applicability to temporary promotions). |
May 29, 1954, ch. 249, §7 (last sentence, less applicability to temporary promotions), |
Amendments
1994—
1991—
Effective Date of 1991 Amendment
Amendment by
§12243. Warrant officers: suspension of laws for promotion or mandatory retirement or separation during war or emergency
In time of war, or of emergency declared after May 29, 1954, by Congress or the President, the President may suspend the operation of any provision of law relating to promotion, or mandatory retirement or separation, of permanent reserve warrant officers of any armed force.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
599 | 10:600p (as applicable to reserve warrant officers). 34:330g (as applicable to reserve warrant officers). |
May 29, 1954, ch. 249, §18 (as applicable to reserve warrant officers), |
34:430d (as applicable to reserve warrant officers). |
The word "may" is substituted for the words "is authorized, in his discretion". The words "any provision of law" are substituted for the words "all or any part or parts of the several provisions of law".
Amendments
1994—
Delegation of Functions
Functions of the President under this section delegated to the Secretary of Defense, see section 1(4) of Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under
CHAPTER 1209 —ACTIVE DUTY
Amendments
1999—
1997—
1996—
Cross References
Non-regular service, recall to active status of member on inactive status list, see
Particular provisions relating to active duty—
Air Force, see
Army, see
Retired pay for non-regular service, limitation on active duty, see
Chapter Referred to in Other Sections
This chapter is referred to in
§12301. Reserve components generally
(a) In time of war or of national emergency declared by Congress, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of a reserve component under the jurisdiction of that Secretary to active duty (other than for training) for the duration of the war or emergency and for six months thereafter. However a member on an inactive status list or in a retired status may not be ordered to active duty under this subsection unless the Secretary concerned, with the approval of the Secretary of Defense in the case of the Secretary of a military department, determines that there are not enough qualified Reserves in an active status or in the inactive National Guard in the required category who are readily available.
(b) At any time, an authority designated by the Secretary concerned may, without the consent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, in an active status in a reserve component under the jurisdiction of that Secretary to active duty for not more than 15 days a year. However, units and members of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the governor of the State (or, in the case of the District of Columbia National Guard, the commanding general of the District of Columbia National Guard).
(c) So far as practicable, during any expansion of the active armed forces that requires that units and members of the reserve components be ordered to active duty (other than for training), members of units organized and trained to serve as units who are ordered to that duty without their consent shall be so ordered with their units. However, members of those units may be reassigned after being ordered to active duty (other than for training).
(d) At any time, an authority designated by the Secretary concerned may order a member of a reserve component under his jurisdiction to active duty, or retain him on active duty, with the consent of that member. However, a member of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the governor or other appropriate authority of the State concerned.
(e) The period of time allowed between the date when a Reserve ordered to active duty (other than for training) is alerted for that duty and the date when the Reserve is required to enter upon that duty shall be determined by the Secretary concerned based upon military requirements at that time.
(f) The consent of a Governor described in subsections (b) and (d) may not be withheld (in whole or in part) with regard to active duty outside the United States, its territories, and its possessions, because of any objection to the location, purpose, type, or schedule of such active duty.
(g)(1) A member of a reserve component may be ordered to active duty without his consent if the Secretary concerned determines that the member is in a captive status. A member ordered to active duty under this section may not be retained on active duty, without his consent, for more than 30 days after his captive status is terminated.
(2) The Secretary of Defense shall prescribe regulations to carry out this section. Such regulations shall apply uniformly among the armed forces under the jurisdiction of the Secretary. A determination for the purposes of this subsection that a member is in a captive status shall be made pursuant to such regulations.
(3) In this section, the term "captive status" means the status of a member of the armed forces who is in a missing status (as defined in
(h)(1) When authorized by the Secretary of Defense, the Secretary of a military department may, with the consent of the member, order a member of a reserve component to active duty—
(A) to receive authorized medical care;
(B) to be medically evaluated for disability or other purposes; or
(C) to complete a required Department of Defense health care study, which may include an associated medical evaluation of the member.
(2) A member ordered to active duty under this subsection may, with the member's consent, be retained on active duty, if the Secretary concerned considers it appropriate, for medical treatment for a condition associated with the study or evaluation, if that treatment of the member is otherwise authorized by law.
(3) A member of the Army National Guard of the United States or the Air National Guard of the United States may be ordered to active duty under this subsection only with the consent of the Governor or other appropriate authority of the State concerned.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
672(a) 672(b) 672(c) 672(d) |
50:961(a). 50:961(c). 50:961(g). 50:961(d). 50:962 (1st sentence). |
July 9, 1952, ch. 608, §§233 (less (b) and (f)), 234 (1st sentence), |
672(e) | 50:961(e). |
In subsection (a), the word "hereafter" is omitted as surplusage. The words "there are not enough * * * who are" are substituted for the words "adequate numbers of * * * are not". The words "without the consent of the persons affected" and "under the jurisdiction of that Secretary" are inserted for clarity. The words "and the members thereof" are omitted as surplusage.
In subsection (b), the words "without the consent of the persons affected" are substituted for the words "without his consent", since units as well as individuals are covered by the revised subsection. The words "and the members thereof", "and required to perform", "or required to serve on", and "in the service of the United States" are omitted as surplusage.
In subsections (b) and (d), the words "active duty for training" are omitted as covered by the words "active duty".
In subsection (c), the words "to active duty" are substituted for the words "into the active military service of the United States", in 50:961(g) (1st and last sentences). The words "to serve" are substituted for the words "for the purpose of serving". The words "without their consent" are substituted for the word "involuntarily". The words "to that duty" are substituted for the words "into active duty". The last sentence of the revised subsection is substituted for 50:961(g) (last sentence).
In subsection (d), the words "the consent of that member" are substituted for the words "his consent". The words "under his jurisdiction" are inserted for clarity. 50:962 (last 15 words of 1st sentence) is omitted as covered by 50:961(d).
In subsection (e), the words "to active duty (other than for training)" are substituted for the words "into the active military service of the United States". The words "period of" are omitted as surplusage. The word "requirements" is substituted for the word "condition" for clarity.
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
672(a) | 50:961(a). | Aug. 9, 1955, ch. 665, §2(e), |
The word "hereafter" is omitted as surplusage. The words "there are not enough . . . who are" are substituted for the words "adequate numbers of . . . are not". The words "without the consent of the persons affected" and "under the jurisdiction of that Secretary" are inserted for clarity.
The changes are necessary to reflect section 101(b) of the Armed Forces Reserve Act of 1952 (
Codification
Amendments
1999—Subsec. (h).
1994—
Subsec. (b).
Subsec. (d).
1988—Subsec. (b).
Subsec. (d).
1986—Subsec. (f).
Subsec. (g).
1980—Subsec. (a).
Subsec. (e).
1958—Subsec. (a).
Subsec. (c).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1986 Amendment
Section 524(b) of
Effective Date of 1958 Amendment
Amendment by section 33(a)(5) of
Rule of Construction for Duplicate Authorization and Appropriation Provisions of Public Laws 99–500 , 99–591 , and 99–661
For rule of construction for certain duplicate provisions of Public Laws
Cross References
Ready Reserve, composition and authorized strength of, see
Standby Reserve, composition of, see
Section Referred to in Other Sections
This section is referred to in
§12302. Ready Reserve
(a) In time of national emergency declared by the President after January 1, 1953, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons concerned, order any unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Reserve under the jurisdiction of that Secretary to active duty (other than for training) for not more than 24 consecutive months.
(b) To achieve fair treatment as between members in the Ready Reserve who are being considered for recall to duty without their consent, consideration shall be given to—
(1) the length and nature of previous service, to assure such sharing of exposure to hazards as the national security and military requirements will reasonably allow;
(2) family responsibilities; and
(3) employment necessary to maintain the national health, safety, or interest.
The Secretary of Defense shall prescribe such policies and procedures as he considers necessary to carry out this subsection. He shall report on those policies and procedures at least once a year to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.
(c) Not more than 1,000,000 members of the Ready Reserve may be on active duty (other than for training), without their consent, under this section at any one time.
(d) Whenever one or more units of the Ready Reserve are ordered to active duty, the President shall, on the first day of the second fiscal year quarter immediately following the quarter in which the first unit or units are ordered to active duty and on the first day of each succeeding six-month period thereafter, so long as such unit is retained on active duty, submit a report to the Congress regarding the necessity for such unit or units being ordered to and retained on active duty. The President shall include in each such report a statement of the mission of each such unit ordered to active duty, an evaluation of such unit's performance of that mission, where each such unit is being deployed at the time of the report, and such other information regarding each unit as the President deems appropriate.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
673(a) 673(b) |
50:961(b)(1). 50:961(b)(2). |
July 9, 1952, ch. 608, §233(b), |
In subsection (a), the words "after January 1, 1953" are substituted for the word "hereafter", to reflect the effective date of the source statute. The words "without the consent of the persons concerned" are substituted for the word "involuntarily".
The words "under the jurisdiction of that Secretary" are inserted for clarity. The last sentence of the revised subsection is substituted for 50:961(b)(1) (proviso). The words "and the members thereof" and "and required to perform" are omitted as surplusage.
In subsection (b), the words "to achieve" are substituted for the words "in the interest of". The words "without their consent" are substituted for the word "involuntarily". The words "who are being considered for" are inserted for clarity. The words "prescribe such policies and procedures" are substituted for the words "promulgate such policies and establish such procedures". The words "as he considers necessary" are substituted for the words "as may be required in his opinion". The words "this subsection" are substituted for the words "our intent here declared". The words "at least once a year" are substituted for the words "from time to time, and at least annually". The words "Senate and the House of Representatives" are substituted for the word "Congress". 50:961(b)(2) (1st 18 words) is omitted as surplusage. The words "with the objective" and "found to be" are omitted as surplusage.
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
673(a) 673(c) |
50:961(b)(1) (less proviso). 50:961(b)(1) (proviso) |
Aug. 9, 1955, ch. 665, §2(f), |
In subsection (c), the words "on active duty (other than for training)" are substituted for the words "may be required to perform active duty" for clarity. The words "without their consent" are substituted for the word "involuntarily". The words "of all reserve components" and "unless the Congress shall have authorized the exercise of the authority contained in this subsection" are omitted as surplusage.
The changes are necessary to reflect section 101(b) of the Armed Forces Reserve Act of 1952 (
Amendments
1999—Subsec. (b).
1996—Subsec. (b).
1994—
1973—Subsec. (d).
1958—Subsec. (a).
Subsec. (c).
Effective Date of 1973 Amendment
Section 303(b) of
Effective Date of 1958 Amendment
Amendment by section 33(a)(5) of
Ex. Ord. No. 12743. Ordering Ready Reserve of Armed Forces to Active Duty
Ex. Ord. No. 12743, Jan. 18, 1991, 56 F.R. 2661, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Emergencies Act (
George Bush.
Cross References
Ready Reserve—
Composition and authorized strength, see
Ordering to active duty during national emergencies, see
Section Referred to in Other Sections
This section is referred to in
§12303. Ready Reserve; members not assigned to, or participating satisfactorily in, units
(a) Notwithstanding any other provision of law, the President may order to active duty any member of the Ready Reserve of an armed force who—
(1) is not assigned to, or participating satisfactorily in, a unit of the Ready Reserve;
(2) has not fulfilled his statutory reserve obligation; and
(3) has not served on active duty for a total of 24 months.
(b) A member who is ordered to active duty under this section may be required to serve on active duty until his total service on active duty equals 24 months. If his enlistment or other period of military service would expire before he has served the required period under this section, it may be extended until he has served the required period.
(c) To achieve fair treatment among members of the Ready Reserve who are being considered for active duty under this section, appropriate consideration shall be given to—
(1) family responsibilities; and
(2) employment necessary to maintain the national health, safety, or interest.
(Added
Amendments
1994—
Ex. Ord. No. 11366. Authorization To Order Ready Reserve to Active Duty; Extension of Military Service
Ex. Ord. No. 11366, Aug. 4, 1967, 32 F.R. 11411, provided:
By virtue of the authority vested in me by section 673a [now 12303] of
(1) is not assigned to, or participating satisfactorily in, a unit of the Ready Reserve;
(2) has not fulfilled his statutory reserve obligation; and
(3) has not served on active duty for a total of 24 months.
(b) In pursuance of the provisions of section 673a [now 12303] of
(c) In pursuance of the provisions of section 673a [now 12303] of
(1) family responsibilities; and
(2) employment necessary to maintain the national health, safety, or interest.
(b) The Secretary of Transportation may designate the Commandant of the United States Coast Guard to exercise the authority vested in him by section 2 of this Order.
Lyndon B. Johnson.
Ex. Ord. No. 11406. Assigning Authority To Order Ready Reserve to Active Duty
Ex. Ord. No. 11406, Apr. 10, 1968, 33 F.R. 5735, authorized Secretary of Defense and, when designated by him, any of Secretaries of military departments of Department of Defense to exercise authority vested in President until June 30, 1968 by paragraph (e) of title I of the Department of Defense Appropriation Act, 1967 (
§12304. Selected Reserve and certain Individual Ready Reserve members; order to active duty other than during war or national emergency
(a)
(b)
(c)
(2) Not more than 200,000 members of the Selected Reserve and the Individual Ready Reserve may be on active duty under this section at any one time, of whom not more than 30,000 may be members of the Individual Ready Reserve.
(d)
(e)
(f)
(g)
(1) order of the President, or
(2) law.
(h)
(i)
(1) The term "Individual Ready Reserve mobilization category" means, in the case of any reserve component, the category of the Individual Ready Reserve described in
(2) The term "weapon of mass destruction" has the meaning given that term in section 1403 of the Defense Against Weapons of Mass Destruction Act of 1996 (
(Added
References in Text
The War Powers Resolution, referred to in subsec. (h), is
Amendments
1998—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsecs. (d) to (h).
Subsec. (i).
1997—
Subsec. (a).
Subsec. (c).
Subsec. (f).
Subsec. (g).
Subsec. (i).
1994—
Subsec. (a).
Subsec. (b).
Subsec. (i).
1986—Subsec. (b).
Subsec. (c).
Subsec. (e).
Subsec. (f).
Subsec. (g)(2).
Subsec. (i).
1982—Subsec. (h).
1980—Subsec. (c).
Effective Date of 1994 Amendment
Amendment by sections 1662(e)(2) and 1675(c)(2) of
Orders to Active Duty for Selected Reserve Combat Units Involved in Operation Desert Shield; Extensions of Time for Fiscal Year 1991
Ex. Ord. No. 12727. Ordering Selected Reserve of Armed Forces to Active Duty
Ex. Ord. No. 12727, Aug. 22, 1990, 55 F.R. 35027, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 673b [now 12304] of
This order is intended only to improve the internal management of the executive branch, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.
This order shall be published in the Federal Register and transmitted promptly to the Congress.
George Bush.
Ex. Ord. No. 12733. Authorizing Extension of Period of Active Duty of Personnel of Selected Reserve of Armed Forces
Ex. Ord. No. 12733, Nov. 13, 1990, 55 F.R. 47837, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 673b(i) [673b now 12304] of
This order is intended only to improve the internal management of the executive branch, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.
This order shall be published in the Federal Register and transmitted promptly to the Congress.
George Bush.
Ex. Ord. No. 12927. Ordering Selected Reserve of Armed Forces to Active Duty
Ex. Ord. No. 12927, Sept. 15, 1994, 59 F.R. 47781, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 673b [now 12304] of
This order is intended only to improve the internal management of the executive branch, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.
This order is effective immediately and shall be published in the Federal Register and transmitted to the Congress.
William J. Clinton.
Ex. Ord. No. 12982. Ordering Selected Reserve of Armed Forces to Active Duty
Ex. Ord. No. 12982, Dec. 8, 1995, 60 F.R. 63895, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
This order is intended only to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.
This order shall be published in the Federal Register and transmitted to the Congress.
William J. Clinton.
Ex. Ord. No. 13076. Ordering Selected Reserve of Armed Forces to Active Duty
Ex. Ord. No. 13076, Feb. 24, 1998, 63 F.R. 9719, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
This order is intended only to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.
William J. Clinton.
Ex. Ord. No. 13120. Ordering Selected Reserve and Certain Individual Ready Reserve Members of Armed Forces to Active Duty
Ex. Ord. No. 13120, Apr. 27, 1999, 64 F.R. 23007, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
This order is intended only to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.
William J. Clinton.
Section Referred to in Other Sections
This section is referred to in
§12305. Authority of President to suspend certain laws relating to promotion, retirement, and separation
(a) Notwithstanding any other provision of law, during any period members of a reserve component are serving on active duty pursuant to an order to active duty under authority of
(b) A suspension made under the authority of subsection (a) shall terminate (1) upon release from active duty of members of the reserve component ordered to active duty under the authority of
(Added
Amendments
1994—
Subsecs. (a), (b).
1984—Subsec. (b)(1).
Effective Date of 1994 Amendment
Amendment by
Ex. Ord. No. 12728. Delegating President's Authority To Suspend any Provision of Law Relating to Promotion, Retirement, or Separation of Members of Armed Forces
Ex. Ord. No. 12728, Aug. 22, 1990, 55 F.R. 35029, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 673c [now 12305] of
George Bush.
Section Referred to in Other Sections
This section is referred to in
§12306. Standby Reserve
(a) Units and members in the Standby Reserve may be ordered to active duty (other than for training) only as provided in
(b) In time of emergency—
(1) no unit in the Standby Reserve organized to serve as a unit or any member thereof may be ordered to active duty (other than for training), unless the Secretary concerned, with the approval of the Secretary of Defense in the case of a Secretary of a military department, determines that there are not enough of the required kinds of units in the Ready Reserve that are readily available; and
(2) no other member in the Standby Reserve may be ordered to active duty (other than for training) as an individual without his consent, unless the Secretary concerned, with the approval of the Secretary of Defense in the case of a Secretary of a military department, determines that there are not enough qualified members in the Ready Reserve in the required category who are readily available.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
674(a) 674(b) |
50:926(a) (less 1st 28 words). 50:926(b). |
July 9, 1952, ch. 608, §206 (less 1st 28 words of (a)), |
In subsection (b), the words "to serve" are substituted for the words "for the purpose of serving". The words "there are not enough * * * that are" are substituted for the words "adequate numbers of * * * are not". The words "(other than for training)" are inserted, since the words "active duty" were defined in the source statute cited above to exclude "active duty for training".
1962 Act
The change is made to conform section 674(a) more closely to the source law for that section, section 206(a) of the Armed Forces Reserve Act of 1952 (
Amendments
1994—
Subsec. (a).
1962—Subsec. (a).
Effective Date of 1994 Amendment
Amendment by
Cross References
Standby Reserve, composition of, see
Section Referred to in Other Sections
This section is referred to in
§12307. Retired Reserve
A member in the Retired Reserve may, if qualified, be ordered to active duty without his consent, but only as provided in
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
675 | 50:927(c). | July 9, 1952, ch. 608, §207(c), |
Amendments
1996—
1994—
1989—
1983—
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Cross References
Retired lists, see
Retired Reserve, composition of, see
Section Referred to in Other Sections
This section is referred to in title 38 section 3011; title 50 App. section 592.
§12308. Retention after becoming qualified for retired pay
Any person who has qualified for retired pay under
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
676 | 10:1036a(e). 34:440i(e). |
June 29, 1948, ch. 708, §302(e), |
The words "active duty, or in service, in a reserve component other than that listed in
Amendments
1994—
Effective Date of 1994 Amendment
Amendment by
§12309. Reserve officers: use of in expansion of armed forces
When an expansion of the active armed forces requires that officers of the reserve components who are not members of units organized to serve as such be ordered as individuals to active duty (other than for training) without their consent, the services of qualified and available reserve officers in all grades shall be used, so far as practicable, according to the needs of the branches, grades, or specialties concerned.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
677 | 50:961(f). | July 9, 1952, ch. 608, §233(f), |
The words "without their consent" are substituted for the word "involuntarily". The words "it shall be the policy" are omitted as surplusage. The words "to active duty (other than for training)" are substituted for the words "into the active military service".
Amendments
1994—
§12310. Reserves: for organizing, administering, etc., reserve components
(a)
(b)
(1) Supporting operations or missions assigned in whole or in part to reserve components.
(2) Supporting operations or missions performed or to be performed by—
(A) a unit composed of elements from more than one component of the same armed force; or
(B) a joint forces unit that includes—
(i) one or more reserve component units; or
(ii) a member of a reserve component whose reserve component assignment is in a position in an element of the joint forces unit.
(3) Advising the Secretary of Defense, the Secretaries of the military departments, the Joint Chiefs of Staff, and the commanders of the unified combatant command regarding reserve component matters.
(c)
(2) The costs of the pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for a Reserve performing duties under the authority of paragraph (1) shall be paid from the appropriation that is available to pay such costs for other members of the reserve component of that Reserve who are performing duties as described in subsection (a).
(3) A Reserve may perform duties described in paragraph (1) only—
(A) while assigned to the Department of Defense Consequence Management Program Integration Office; or
(B) while assigned to a reserve component rapid assessment element team and performing those duties within the geographical limits of the United States, its territories and possessions, the District of Columbia, and the Commonwealth of Puerto Rico.
(4) Reserves on active duty who are performing duties described in paragraph (1) shall be counted against the annual end strength authorizations required by
(5) A reserve component rapid assessment element team, and any Reserve assigned to such a team, may not be used to respond to an emergency described in paragraph (1) unless the Secretary of Defense has certified to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that that team, or that Reserve, possesses the requisite skills, training, and equipment to be proficient in all mission requirements.
(6) If the Secretary of Defense submits to Congress any request for the enactment of legislation to modify the requirements of paragraph (3), the Secretary shall provide with the request—
(A) justification for each such requested modification; and
(B) the Secretary's plan for sustaining the qualifications of the personnel and teams described in paragraph (3)(B).
(d)
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
678(a) 678(b) |
50:962 (2d sentence). 50:962 (less 1st and 2d sentences). |
July 9, 1952, ch. 608, §234, (less 1st sentence), |
In subsection (a), the words "to active duty under
Subsection (b) is substituted for 50:962 (less 1st and 2d sentences).
Amendments
1999—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(4).
Subsec. (c)(5).
Subsec. (c)(6).
Subsec. (d).
1998—Subsec. (c).
1996—Subsec. (b).
1994—
Subsec. (a).
Effective Date of 1994 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§12311. Active duty agreements
(a) To provide definite terms of active duty (other than for training) for Reserves with their consent, the Secretary concerned may make a standard written agreement with any member of a reserve component under his jurisdiction requiring the member to serve for a period of active duty (other than for training) of not more than five years. When such an agreement expires, a new one may be made. This subsection does not apply in time of war declared by Congress.
(b) An agreement may not be made under subsection (a) unless the specified period of duty is at least 12 months longer than any period of active duty that the member is otherwise required to perform.
(c) Agreements made under subsection (a) shall be uniform so far as practicable, and are subject to such standards and policies as may be prescribed by the Secretary of Defense for the armed forces under his jurisdiction or by the Secretary of Transportation for the Coast Guard when the Coast Guard is not operating as a service in the Navy.
(d) If an agreement made under subsection (a) expires during a war or during a national emergency declared by Congress or the President after January 1, 1953, the Reserve concerned may be kept on active duty, without his consent, as otherwise prescribed by law.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
679(a) | 50:963(a) (less last sentence). 50:963(c). 50:963(f). |
July 9, 1952, ch. 608, §§235 (less last sentence of (a), and less (b)), 236, |
679(b) | 50:963(d). | |
679(c) | 50:963(e). | |
679(d) | 50:964. |
In subsection (a), the words "To provide definite terms of active duty for" are substituted for the words "In order that * * * may remain on or be ordered to active duty * * * for terms of service of definite duration". The words "with their consent" are substituted for the word "voluntarily". The words "requiring the member to serve" are substituted for 50:963(c). The words "more than" are substituted for the words "to exceed". The second sentence is substituted for 50:963(a) (2d sentence). The word "hereafter" is omitted as surplusage. 50:963(f) is omitted as executed. The words "under his jurisdiction" are inserted for clarity.
In subsection (b), the words "is at least * * * longer" are substituted for the words "exceeds by at least". The words "active duty that the member is otherwise required to perform" are substituted for the words "obligated or involuntary active duty to which he is otherwise liable".
In subsection (c), the words "for the armed forces under his jurisdiction" are inserted for clarity.
Amendments
1994—
1980—Subsec. (c).
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§12312. Active duty agreements: release from duty
(a) Each agreement made under
(1) because of a reduction in the actual personnel strength of the armed force concerned, unless the release is in accordance with the recommendation of a board of officers appointed by an authority designated by the Secretary concerned to determine the members to be released from active duty under regulations prescribed by the Secretary; or
(2) for any other reason, without an opportunity to be heard by a board of officers before the release, unless he is (A) dismissed or discharged under the sentence of a court-martial, (B) released because of an unexplained absence without leave for at least three months, (C) released because he is convicted and sentenced to confinement in a Federal or State penitentiary or correctional institution and the sentence has become final, or (D) released because he has been considered at least twice and has not been recommended for promotion to the next higher grade or because he is considered as having failed of selection for promotion to the next higher grade and has not been recommended for promotion to that grade, under conditions that would require the release or separation of a reserve officer who is not serving under such an agreement.
(b) A member who is released from active duty without his consent before the end of his agreement made under
(1) released for a reason described in subsection (a)(2)(A)–(C);
(2) released because of a physical disability resulting from his intentional misconduct or wilful neglect;
(3) eligible for retired pay, separation pay, or severance pay under another provision of law;
(4) placed on a temporary disability retired list; or
(5) released to accept an appointment, or to be enlisted, in a regular component of an armed force.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
680(a) 680(b) |
50:963(a) (last sentence). 50:963(b). |
July 9, 1952, ch. 608, §235(a) (last sentence), (b), |
In subsections (a) and (b), the words "without his consent" are substituted for the word "involuntary".
In subsection (a)(1), the word "because" is substituted for the words "by reason". The words "actual personnel strength" are substituted for the words "numerical strength of the military personnel".
In subsection (a)(2), the words "for any other reason" are substituted for the words "for reasons other than that prescribed in paragraph (1)". The words "dismissed or discharged" are inserted for clarity. The words "at least" are substituted for the word "duration". The words "is convicted and sentenced * * * and the sentence has become final" are substituted for the words "final conviction and sentence". The words "from active duty" are omitted as surplusage.
In subsection (b), the words "before the end of" are substituted for the words "prior to the expiration of the period of service under". The words "computed by multiplying * * * and fractions of a year of his unexpired period of service under the agreement by the sum of one month's * * * pay, and allowances" are substituted for the words "equal to one month's pay and allowances multiplied by * * * (including any pro rata part thereof) remaining as the unexpired period of his agreement for active duty". The words "basic * * * special pay * * * to which he is entitled on the day of his release" are substituted for 50:963(b) (2d sentence). The third sentence is substituted for 50:963(b) (last sentence). The last sentence is substituted for 50:963(b) (words within 1st parentheses).
In subsection (b)(2), the words "because of" are substituted for the words "when such release is due to".
In subsection (b)(5), the words "to accept" are substituted for the words "for the purpose of accepting". The words "of an armed force" are inserted for clarity.
Amendments
1994—
Subsecs. (a), (b).
1984—Subsec. (a)(2)(D).
Subsec. (b)(3).
1962—Subsec. (a)(2)(D).
Effective Date of 1994 Amendment
Amendment by
Cross References
Basic pay, special pay, and allowances, see
Disability from intentional misconduct or willful neglect, separation, see
Temporary disability retired lists, see
§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.
(Aug. 10, 1956, ch. 1041,
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, |
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.
Amendments
1994—
§12314. Reserves: kinds of duty
Notwithstanding any other provision of law, a member of a reserve component who is on active duty other than for training may, under regulations prescribed by the Secretary concerned, be detailed or assigned to any duty authorized by law for members of the regular component of the armed force concerned.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
682 | 50:965. | July 9, 1952, ch. 608, §237, |
The words "armed force concerned" are substituted for the words "Armed Forces of the United States". The words "now or hereafter" and "officers and enlisted" are omitted as surplusage. The words "other than for training" are inserted, since the words "active duty" were defined in the source statute cited above to exclude active duty for training.
Amendments
1994—
§12315. Reserves: duty with or without pay
(a) Subject to other provisions of this title, any Reserve may be ordered to active duty or other duty—
(1) with the pay and allowances provided by law; or
(2) with his consent, without pay.
Duty without pay shall be considered for all purposes as if it were duty with pay.
(b) A Reserve who is kept on active duty after his term of service expires is entitled to pay and allowances while on that duty, except as they may be forfeited under the approved sentence of a court-martial or by non-judicial punishment by a commanding officer or when he is otherwise in a non-pay status.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
683(a) 683(b) |
50:971. 50:972. |
July 9, 1952, ch. 608, §§240, 241, |
In subsection (a), the word "title" is substituted for the word "chapter". The provisions of this title relating to active duty of reservists are based on the Armed Forces Reserve Act of 1952. The words "shall be considered * * * as if it were" are substituted for the words "shall be counted * * * the same as like".
In subsections (a) and (b), the words "active duty for training" are omitted as covered by the words "active duty".
In subsection (b), the word "kept" is substituted for the words "retained or continued". The words "pursuant to law" are omitted as surplusage.
Amendments
1994—
Cross References
Pay and allowances, see
Section Referred to in Other Sections
This section is referred to in title 5 section 6323.
§12316. Payment of certain Reserves while on duty
(a) Except as provided by subsection (b), a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast Guard who because of his earlier military service is entitled to a pension, retired or retainer pay, or disability compensation, and who performs duty for which he is entitled to compensation, may elect to receive for that duty either—
(1) the payments to which he is entitled because of his earlier military service; or
(2) if he specifically waives those payments, the pay and allowances authorized by law for the duty that he is performing.
(b) Unless the payments because of his earlier military service are greater than the compensation prescribed by subsection (a)(2), a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast Guard who because of his earlier military service is entitled to a pension, retired or retainer pay, or disability compensation, and who upon being ordered to active duty for a period of more than 30 days in time of war or national emergency is found physically qualified to perform that duty, ceases to be entitled to the payments because of his earlier military service until the period of active duty ends. While on that active duty, he is entitled to the compensation prescribed by subsection (a)(2). Other rights and benefits of the member or his dependents are unaffected by this subsection.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
684(a) | 10 App.:369b (less proviso and last 3 sentences). 34 App.:853e–1 (less provisos and last 3 sentences). |
Aug. 2, 1946, ch. 756, §10; restated Sept. 27, 1950, ch. 1053, §1, |
684(b) | 10 App.:369b (proviso and last 3 sentences). 34 App.:853e–1 (provisos and last 3 sentences). |
Sept. 27, 1950, ch. 1053, §2, |
In subsections (a) and (b), the words "retirement pay" are omitted as covered by the words "retired pay".
In subsection (a), the words "Except as provided by subsection (b)" are inserted for clarity. The words "who performs duty for which he is entitled to compensation, may elect to receive for that duty" are substituted for the words "may elect, with reference to periods of active duty, active duty for training, drill, training, instruction, or other duty for which they may be entitled to receive compensation pursuant to any provisions of law". The words "Notwithstanding the provisions of any other law", in 10 App.:369b, and "or relinquish" are omitted as surplusage.
Subsection (a)(1) is substituted for clause (2) of 10 App.:369b, and clause (2) of 34 App.:853e–1.
In subsection (a)(2), the words "pay and allowances authorized by law for the duty that he is performing" are substituted for clause (1) of 10 App.:369b and 34 App.:853e–1.
In subsection (b), the word "extended", the next to the last sentence of 10 App.: 369b and of 34 App.: 853e–1, and the first proviso of 34 App.:853e–1, are omitted as surplusage.
Amendments
1994—
1975—Subsecs. (a), (b).
§12317. Reserves: theological students; limitations
A Reserve may not be required to serve on active duty, or to participate in inactive duty training, while preparing for the ministry in a recognized theological or divinity school.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
686 | 50:961(h) (last sentence). | Aug. 9, 1955, ch. 665, §2(g) (last sentence), |
The words "active training and service, active duty for training" are omitted as covered by the words "active duty" as defined in
Amendments
1994—
§12318. Reserves on active duty: duties; funding
(a) During a period that members of a reserve component are serving on active duty pursuant to an order under
(b) Funds available for the pay and allowances of Reserves referred to
(Added
Amendments
1994—
Effective Date of 1994 Amendment
Amendment by
§12319. Ready Reserve: muster duty
(a) Under regulations prescribed by the Secretary of Defense, a member of the Ready Reserve may be ordered without his consent to muster duty one time each year. A member ordered to muster duty under this section shall be required to perform a minimum of two hours of muster duty on the day of muster.
(b) The period which a member may be required to devote to muster duty under this section, including round-trip travel to and from the location of that duty, may not total more than one day each calendar year.
(c) Except as specified in subsection (d), muster duty (and travel directly to and from that duty) under this section shall be treated as the equivalent of inactive-duty training (and travel directly to and from that training) for the purposes of this title and the provisions of title 37 (other than section 206(a)) and title 38, including provisions relating to the determination of eligibility for and the receipt of benefits and entitlements provided under those titles for Reserves performing inactive-duty training and for their dependents and survivors.
(d) Muster duty under this section shall not be credited in determining entitlement to, or in computing, retired pay under
(Added
Amendments
1994—
Subsec. (d).
Effective Date of 1994 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 37 section 433.
§12320. Reserve officers: grade in which ordered to active duty
A reserve officer who is ordered to active duty or full-time National Guard duty shall be ordered to active duty or full-time National Guard duty in his reserve grade, except that a reserve officer who is credited with service under
(Added
Amendments
1996—
1994—
1981—
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by sections 1662(e)(2) and 1675(c)(11) of
Effective Date
Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of
§12321. Reserve Officer Training Corps units: limitation on number of Reserves assigned
The number of members of the reserve components serving on active duty or full-time National Guard duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components who are assigned to duty with a unit of the Reserve Officer Training Corps program may not exceed 275.
(Added
Amendments
1994—
1993—
1992—
1991—
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1991 Amendment
Section 704(e) of
Effective Date
Section 559(b) of
Waiver of Prohibition on Certain Reserve Service With ROTC Program
Section 525 of
§12322. Active duty for health care
A member of a uniformed service described in paragraph (1)(B) or (2)(B) of
(Added
CHAPTER 1211 —NATIONAL GUARD MEMBERS IN FEDERAL SERVICE
Amendments
1996—
§12401. Army and Air National Guard of the United States: status
Members of the Army National Guard of the United States and the Air National Guard of the United States are not in active Federal service except when ordered thereto under law.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Effective Date
Chapter effective Dec. 1, 1994, except as otherwise provided, see section 1691 of
Cross References
Call into Federal service, see
Status when not in Federal service, see
§12402. Army and Air National Guard of the United States: commissioned officers; duty in National Guard Bureau
(a) The President may, with their consent, order commissioned officers of the Army National Guard of the United States and the Air National Guard of the United States to active duty in the National Guard Bureau.
(b)(1) The number of officers of the Army National Guard of the United States in grades below brigadier general who are ordered to active duty in the National Guard Bureau may not be more than 40 percent of the number of officers of the Army authorized for duty in that Bureau and, to the extent practicable, shall not exceed 40 percent of the number of officers of the Army serving in that Bureau in any grade below brigadier general.
(2) The number of officers of the Air National Guard of the United States in grades below brigadier general who are ordered to active duty in the National Guard Bureau may not be more than 40 percent of the number of officers of the Air Force authorized for duty in that Bureau and, to the extent practicable, shall not exceed 40 percent of the number of officers of the Air Force serving in that Bureau in any grade below brigadier general.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1996—
Effective Date of 1996 Amendment
Amendment by
Cross References
National Guard Bureau, assignment of officers of regular or reserve components, see
Payment of pay and allowances for the Chief of the National Guard Bureau and officers ordered to active duty under this section, see
Section Referred to in Other Sections
This section is referred to in
§12403. Army and Air National Guard of the United States: members; status in which ordered into Federal service
Members of the Army National Guard of the United States ordered to active duty shall be ordered to duty as Reserves of the Army. Members of the Air National Guard of the United States ordered to active duty shall be ordered to duty as Reserves of the Air Force.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1996—
Effective Date of 1996 Amendment
Amendment by
§12404. Army and Air National Guard of the United States: mobilization; maintenance of organization
During an initial mobilization, the organization of a unit of the Army National Guard of the United States or of the Air National Guard of the United States ordered into active Federal service shall, so far as practicable, be maintained as it existed on the date of the order to duty.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1996—
Effective Date of 1996 Amendment
Amendment by
§12405. National Guard in Federal service: status
Members of the National Guard called into Federal service are, from the time when they are required to respond to the call, subject to the laws and regulations governing the Army or the Air Force, as the case may be, except those applicable only to members of the Regular Army or Regular Air Force, as the case may be.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
§12406. National Guard in Federal service: call
Whenever—
(1) the United States, or any of the Territories, Commonwealths, or possessions, is invaded or is in danger of invasion by a foreign nation;
(2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or
(3) the President is unable with the regular forces to execute the laws of the United States;
the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws. Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Section Referred to in Other Sections
This section is referred to in
§12407. National Guard in Federal service: period of service; apportionment
(a) Whenever the President calls the National Guard of a State into Federal service, he may specify in the call the period of the service. Members and units called shall serve inside or outside the territory of the United States during the term specified, unless sooner relieved by the President. However, no member of the National Guard may be kept in Federal service beyond the term of his commission or enlistment.
(b) When the National Guard of a State is called into Federal service with the National Guard of another State, the President may apportion the total number called from the Army National Guard or from the Air National Guard, as the case may be, on the basis of the populations of the States affected by the call.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1996—Subsec. (b).
Effective Date of 1996 Amendment
Amendment by
§12408. National Guard in Federal service: physical examination
(a) Under regulations prescribed by the President, each member of the National Guard called into Federal service under
(b) Immediately before such a member is mustered out of Federal service, he shall be examined as to physical fitness. The record of this examination shall be retained by the United States.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1996—Subsec. (a).
CHAPTER 1213 —SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES
Amendments
1999—
§12501. Reserve components: detail of members of regular and reserve components to assist
The Secretary concerned shall detail such members of the regular and reserve components under his jurisdiction as are necessary to effectively develop, train, instruct, and administer those reserve components.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Effective Date
Chapter effective Dec. 1, 1994, except as otherwise provided, see section 1691 of
Cross References
Detail of regular members of Army and Air Force to duty with National Guard, see
§12502. Chief and assistant chief of staff of National Guard divisions and wings in Federal service: detail
(a) The President may detail a regular or reserve officer of the Army as chief of staff, and a regular or reserve officer or an officer of the Army National Guard as assistant to the chief of staff, of any division of the Army National Guard that is in Federal service as an Army National Guard organization.
(b) The President may detail a regular or reserve officer of the Air Force as chief of staff, and a regular or reserve officer or an officer of the Air National Guard as assistant to the chief of staff, of any wing of the Air National Guard that is in Federal service as an Air National Guard organization.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Cross References
Air Staff, see
Army Staff, see
Organization of National Guard, see
§12503. Ready Reserve: funeral honors duty
(a)
(b)
(1) service credit under
(2) if authorized by the Secretary concerned, the allowance under section 435 1 of title 37.
(c)
(d)
(e)
(Added
References in Text
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§12505.1 Selection of officers for certain senior reserve component positions
(a)
(2) An officer may be assigned to one of the positions specified in paragraph (1) for service in the grade of lieutenant general or vice admiral if appointed to that grade for service in that position by the President, by and with the advice and consent of the Senate. An officer may be recommended to the President for such an appointment if selected for appointment to that position in accordance with this section.
(b)
(1) the officer is recommended for that appointment by the Secretary of the military department concerned;
(2) the officer is determined by the Chairman of the Joint Chiefs of Staff, in accordance with criteria and as a result of a process established by the Chairman, to have significant joint duty experience; and
(3) the officer is recommended by the Secretary of Defense to the President for appointment in accordance with this section.
(c)
(d)
(1) the officer is qualified for service in the position; and
(2) the waiver is necessary for the good of the service.
Any such waiver shall be made on a case-by-case basis.
(Added
Effective Date
"(g)
"(h)
"(2) For purposes of this subsection:
"(A) The term 'covered position incumbent' means a reserve component officer who on the effective date specified in subsection (g) is serving in a covered position.
"(B) The term 'covered position' means a position specified in
Section Referred to in Other Sections
This section is referred to in
1 So in original. No section 12504 has been enacted.
CHAPTER 1214 —READY RESERVE MOBILIZATION INCOME INSURANCE
Amendments
1997—
§12521. Definitions
In this chapter:
(1) The term "insurance program" means the Ready Reserve Mobilization Income Insurance Program established under
(2) The term "covered service" means active duty performed by a member of a reserve component under an order to active duty for a period of more than 30 days which specifies that the member's service—
(A) is in support of an operational mission for which members of the reserve components have been ordered to active duty without their consent; or
(B) is in support of forces activated during a period of war declared by Congress or a period of national emergency declared by the President or Congress.
(3) The term "insured member" means a member of the Ready Reserve who is enrolled for coverage under the insurance program in accordance with
(4) The term "Secretary" means the Secretary of Defense.
(5) The term "Department" means the Department of Defense.
(6) The term "Board of Actuaries" means the Department of Defense Education Benefits Board of Actuaries referred to in
(7) The term "Fund" means the Reserve Mobilization Income Insurance Fund established by
(Added
Effective Date
Section 512(b) of
Section Referred to in Other Sections
This section is referred to in
§12522. Establishment of insurance program
(a)
(b)
(c)
(Added
Section Referred to in Other Sections
This section is referred to in
§12523. Risk insured
(a)
(b)
(2) Payment shall be based solely on the insured status of a member and on the period of covered service served by the member. Proof of loss of income or of expenses incurred as a result of covered service may not be required.
(Added
§12524. Enrollment and election of benefits
(a)
(2) Promptly after the insurance program is established, the Secretary shall offer to members of the reserve components who are then members of the Ready Reserve (other than members ineligible under subsection (f)) an opportunity to enroll for coverage under the insurance program. A member who fails to enroll within 60 days after being offered the opportunity shall be considered as having declined to be insured under the program.
(3) A member of the Ready Reserve ineligible to enroll under subsection (f) shall be afforded an opportunity to enroll upon being released from active duty in accordance with regulations prescribed by the Secretary if the member has not previously had the opportunity to be enrolled under paragraph (1) or (2). A member who fails to enroll within 60 days after being afforded that opportunity shall be considered as having declined to be insured under the program.
(b)
(c)
(2) The amount of coverage may not be increased after enrollment.
(d)
(e)
(f)
(g)
(Added
Amendments
1996—Subsec. (g).
Section Referred to in Other Sections
This section is referred to in
§12525. Benefit amounts
(a)
(b)
(1) a reduced coverage benefit equal to one-half the amount of the basic benefit; or
(2) an enhanced benefit in the amount of $1,500, $2,000, $2,500, $3,000, $3,500, $4,000, $4,500, or $5,000 per month (as adjusted under subsection (d)).
(c)
(d)
(2) If the amount of a benefit as adjusted under paragraph (1) is not evenly divisible by $10, the amount shall be rounded to the nearest multiple of $10, except that an amount evenly divisible by $5 but not by $10 shall be rounded to the next lower amount that is evenly divisible by $10.
(Added
Section Referred to in Other Sections
This section is referred to in
§12526. Premiums
(a)
(2) The Secretary shall prescribe a fixed premium rate for each $1,000 of monthly insurance benefit. The premium amount shall be equal to the share of the cost attributable to insuring the member and shall be the same for all members of the Ready Reserve who are insured under the insurance program for the same benefit amount. The Secretary shall prescribe the rate on the basis of the best available estimate of risk and financial exposure, levels of subscription by members, and other relevant factors.
(b)
(Added
§12527. Payment of premiums
(a)
(2) The Secretary of Defense, in consultation with the Secretary of Transportation, shall prescribe regulations which specify the procedures for payment of premiums by members of the Individual Ready Reserve and other members who do not receive pay on a monthly basis.
(b)
(c)
(Added
Amendments
1996—Subsec. (a)(1).
Subsec. (a)(2).
Section Referred to in Other Sections
This section is referred to in
§12528. Reserve Mobilization Income Insurance Fund
(a)
(b)
(1) Premiums paid under
(2) Any amount appropriated to the Fund.
(3) Any return on investment of the assets of the Fund.
(c)
(d)
(e)
(1) The projected amount of the premiums to be collected, investment earnings to be received, and any transfers or appropriations to be made for the Fund for that fiscal year.
(2) The amount for that fiscal year of any cumulative unfunded liability (including any negative amount or any gain to the Fund) resulting from payments of benefits.
(3) The amount for that fiscal year (including any negative amount) of any cumulative actuarial gain or loss to the Fund.
(Added
Section Referred to in Other Sections
This section is referred to in
§12529. Board of Actuaries
(a)
(b)
(c)
(d)
(e)
(f)
(Added
§12530. Payment of benefits
(a)
(b)
(c)
(2) A member may direct that payments of insurance benefits for a person designated under paragraph (1) be deposited with a bank or other financial institution to the credit of the designated person.
(d)
(Added
§12531. Purchase of insurance
(a)
(b)
(1) be licensed to issue insurance in each of the 50 States and in the District of Columbia; and
(2) as of the most recent December 31 for which information is available to the Secretary, have in effect at least one percent of the total amount of insurance that all such insurance companies have in effect in the United States.
(c)
(2) For the purposes of carrying out this chapter, the Secretary may use the facilities and services of any insurance company issuing any policy for purposes of subsection (a), may designate one such company as the representative of the other companies for such purposes, and may contract to pay a reasonable fee to the designated company for its services.
(d)
(e)
(Added
§12532. Termination for nonpayment of premiums; forfeiture
(a)
(b)
(Added
§12533. Termination of program
(a)
(b)
(c)
(2) An insured member described in this paragraph is an insured member who on the date of the enactment of this section is serving on covered service for a period of service, or has been issued an order directing the performance of covered service, that satisfies or would satisfy the entitlement-to-benefits provisions of this chapter.
(d)
(e)
(Added
References in Text
The date of the enactment of this section, referred to in subsecs. (b), (c), and (d), is the date of enactment of
CHAPTER 1215 —MISCELLANEOUS PROHIBITIONS AND PENALTIES
Amendments
1999—
1998—
1997—
§12551. Prohibition of use of Air Force Reserve AGR personnel for Air Force base security functions
(a)
(b)
(Added
§12552. Funeral honors functions at funerals for veterans
Performance by a Reserve of funeral honors functions at the funeral of a veteran (as defined in
(Added
Amendments
1999—
CHAPTER 1217 —MISCELLANEOUS RIGHTS AND BENEFITS
Amendments
1999—
1998—
§12601. Compensation: Reserve on active duty accepting from any person
Any Reserve who, before being ordered to active duty, was receiving compensation from any person may, while he is on that duty, receive compensation from that person.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Effective Date
Chapter effective Dec. 1, 1994, except as otherwise provided, see section 1691 of
§12602. Members of Army National Guard of United States and Air National Guard of United States: credit for service as members of National Guard
(a) For the purposes of laws providing benefits for members of the Army National Guard of the United States and their dependents and beneficiaries—
(1) military training, duty, or other service performed by a member of the Army National Guard of the United States in his status as a member of the Army National Guard for which he is entitled to pay from the United States shall be considered military training, duty, or other service, as the case may be, in Federal service as a Reserve of the Army;
(2) full-time National Guard duty performed by a member of the Army National Guard of the United States shall be considered active duty in Federal service as a Reserve of the Army; and
(3) inactive-duty training performed by a member of the Army National Guard of the United States in his status as a member of the Army National Guard, in accordance with regulations prescribed under
(b) For the purposes of laws providing benefits for members of the Air National Guard of the United States and their dependents and beneficiaries—
(1) military training, duty, or other service performed by a member of the Air National Guard of the United States in his status as a member of the Air National Guard for which he is entitled to pay from the United States shall be considered military training, duty, or other service, as the case may be, in Federal service as a Reserve of the Air Force;
(2) full-time National Guard duty performed by a member of the Air National Guard of the United States shall be considered active duty in Federal service as a Reserve of the Air Force; and
(3) inactive-duty training performed by a member of the Air National Guard of the United States in his status as a member of the Air National Guard, in accordance with regulations prescribed under
(Added
Prior Provisions
Provisions similar to those in this section were contained in
§12603. Attendance at inactive-duty training assemblies: commercial travel at Federal supply schedule rates
(a)
(b)
(c)
(d)
(Added
§12605.1 Presentation of United States flag: members transferred from an active status or discharged after completion of eligibility for retired pay
(a)
(b)
(c)
(Added
Effective Date
1 So in original. No section 12604 has been enacted.
CHAPTER 1219 —STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION
Chapter Referred to in Other Sections
This chapter is referred to in
§12641. Standards and procedures: Secretary to prescribe
(a) The Secretary concerned shall, by regulation, prescribe—
(1) standards and qualifications for the retention and promotion of members of the reserve components under his jurisdiction; and
(2) equitable procedures for the periodic determination of the compliance of each such Reserve with those standards and qualifications.
(b) If a Reserve fails to comply with the standards and qualifications prescribed under subsection (a), he shall—
(1) if qualified, be transferred to an inactive reserve status;
(2) if qualified, be retired without pay; or
(3) have his appointment or enlistment terminated.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1001(a) 1001(b) |
10:1036c (1st sentence). 34:440k (1st sentence). 10:1036c (2d sentence). 34:440k (2d sentence). |
June 29, 1948, ch. 708, §304 (less last sentence), |
In subsection (a), the words "As soon as may be practicable after the effective date of sections 1036–1036i [440h–440q] of this title" are omitted as executed. The words "not inconsistent with said sections or any other Act" and "appropriate" are omitted as surplusage.
Amendments
1994—
Effective Date of 1994 Amendment
Amendment by
Cross References
Qualifications—
Enlisted members, see
Officers, see
Section Referred to in Other Sections
This section is referred to in
§12642. Standards and qualifications: result of failure to comply with
(a) To be retained in an active status, a reserve commissioned officer must, in any applicable yearly period, attain the number of points under
(b) Subject to
(1) be transferred to the Retired Reserve if he is qualified and applies therefor;
(2) if he is not qualified or does not apply for transfer to the Retired Reserve, be transferred to an inactive status, if he is qualified therefor; or
(3) if he is not transferred to the Retired Reserve or an inactive status, be discharged from his reserve appointment.
(c) This section does not apply to commissioned warrant officers or to adjutants general or assistant adjutants general of States and Territories, Puerto Rico, and the District of Columbia.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1002(a) 1002(b) |
50:1192(b) (1st sentence, less 11th through 29th words). 50:1181(4). 50:1192(b) (less 1st sentence). |
Sept. 3, 1954, ch. 1257, §§102(1) (as applicable to §202(b)), 102(4), 202(b), |
1002(c) | 50:1181(1) (as applicable to 50:1192(b)). | |
50:1192(b) (11th through 29th words of 1st sentence). |
In subsection (a), the word "minimum" is omitted as surplusage. The last sentence is substituted for the words "(not to exceed fifty)".
Amendments
1994—
Subsec. (a).
Subsec. (b).
1988—Subsec. (c).
Effective Date of 1994 Amendment
Amendment by
Cross References
Adjutants general and assistant adjutants general, reference as applicable to other officers of National Guard, see
Grade of reserve commissioned officer on transfer to Retired Reserve, see
Section Referred to in Other Sections
This section is referred to in
§12643. Boards for appointment, promotion, and certain other purposes: composition
(a) Except as provided in
(b) Each member of a board convened for the selection for promotion, or for the demotion or discharge, of Reserves must be senior in rank to the persons under consideration by that board. However, a member serving in a legal advisory capacity may be junior in rank to any person, other than a judge advocate or law specialist, being considered by that board; and a member serving in a medical advisory capacity may be junior in rank to any person, other than a medical officer, being considered by that board.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
266(a) 266(b) |
50:1005(a). 50:1005(b). |
July 9, 1952, ch. 608, §254, |
In subsection (a), the words "under * * * prescribed" are substituted for the words "in accordance * * * established".
In subsection (b), the words "in rank" and "by that board" are inserted for clarity.
Amendments
1994—
1981—Subsec. (a).
1980—Subsec. (a).
Effective Date of 1980 Amendment
Amendment by
§12644. Members physically not qualified for active duty: discharge or transfer to retired status
Except as otherwise provided by law, the Secretary concerned may provide for the honorable discharge or the transfer to a retired status of members of the reserve components under his jurisdiction who are found to be not physically qualified for active duty. However, no member of the Army National Guard of the United States or the Air National Guard of the United States may be transferred under this subsection without the consent of the governor or other appropriate authority of the jurisdiction concerned.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1004(a) 1004(b) 1004(c) |
50:949. 50:950 (last sentence). 50:950 (less last sentence). |
July 9, 1952, ch. 608, §§225, 226, |
In subsection (a), the words "Each * * * who is not on active duty" are substituted for the words "when not on active duty all". The words "examined as to his physical fitness" are substituted for the words "given physical examinations". The words "be required to" are omitted as surplusage. The words "execute and" are inserted for clarity.
In subsection (c), the words "under his jurisdiction" are inserted for clarity.
Amendments
1994—
"(a) Each member of the Ready Reserve who is not on active duty shall—
"(1) be examined as to his physical fitness every five years, or more often as the Secretary concerned considers necessary; and
"(2) execute and submit annually a certificate of physical condition.
Each Reserve in an active status, or on an inactive status list, who is not on active duty shall execute and submit annually a certificate of physical condition.
"(b) The kind of duty to which a Reserve ordered to active duty may be assigned shall be considered in determining physical qualifications for active duty."
1993—Subsec. (a)(1).
1960—Subsec. (a).
Effective Date of 1994 Amendment
Amendment by
Cross References
Discharge of reserves, see
Suspension of laws during war or emergency as to warrant officers, see
§12645. Commissioned officers: retention until completion of required service
(a) Except as provided in subsection (b), a reserve commissioned officer who has not completed the period of service required of him by
(b) Subsection (a) does not prevent the discharge or transfer from an active status of—
(1) a commissioned warrant officer;
(2) an officer on the active-duty list or a reserve active-status list who is found not qualified for promotion to the grade of first lieutenant, in the case of an officer of the Army, Air Force, or Marine Corps, or lieutenant (junior grade), in the case of an officer of the Navy;
(3) an officer on the active-duty list or reserve active-status list who has failed of selection for promotion for the second time to the grade of captain, in the case of an officer of the Army, Air Force, or Marine Corps, or to the grade of lieutenant, in the case of an officer of the Navy; or
(4) an officer whose discharge or transfer from an active status is required by law.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1005 | 50:1181(1) (as applicable to 50: 1194). 50:1194. |
Sept. 3, 1954, ch. 1257, §§102(1) (as applicable to §204), 204, |
The word "subsequently" is omitted as surplusage.
Amendments
1996—Subsec. (b)(2).
Subsec. (b)(3), (4).
1994—
Subsec. (a).
Subsec. (b)(3), (4).
1984—
1975—
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by sections 1627 and 1675(d)(2) of
Section Referred to in Other Sections
This section is referred to in
§12646. Commissioned officers: retention of after completing 18 or more, but less than 20, years of service
(a) If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 18, but less than 19, years of service computed under
(1) the date on which he is entitled to be credited with 20 years of service computed under
(2) the third anniversary of the date on which he would otherwise be discharged or transferred from an active status.
(b) If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 19, but less than 20, years of service computed under
(1) the date on which he is entitled to be credited with 20 years of service computed under
(2) the second anniversary of the date on which he would otherwise be discharged or transferred from an active status.
(c) An officer who is retained in an active status under subsection (a) or (b) is an additional number to those otherwise authorized.
(d) Subsections (a) and (b) do not apply to—
(1) officers who are discharged or transferred from an active status for physical disability, for cause, or because they have reached the age at which transfer from an active status or discharge is required by law; or
(2) commissioned warrant officers.
(e)(1) A reserve commissioned officer on active duty (other than for training) or full-time National Guard duty (other than full-time National Guard duty for training only) who, on the date on which the officer would otherwise be removed from an active status under
(2) An officer may be retained on active duty or full-time National Guard duty under paragraph (1) only if—
(A) at the end of the period for which the officer is retained the officer will be qualified for retirement under
(B) the officer will not, before the end of that period, reach the age at which transfer from an active status or discharge is required by this title or title 14.
(3) An officer who is retained on active duty or full-time National Guard duty under this section may not be removed from an active status while on that duty.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1006(a) 1006(b) 1006(c) 1006(d) |
50:1195(a) (less last 30 words). 50:1195(b) (less last 30 words). 50:1227(c). 50:1333(c). 50:1181(1) (as applicable to 50:1195). |
Sept. 3, 1954, ch. 1257, §§102(1) (as applicable to §205), 205, 307(c), 503(c), |
50:1195(a) (last 30 words). | ||
50:1195(b) (last 30 words). | ||
1006(e) | 50:1195(c). |
In subsections (a) and (b), the words "Notwithstanding any other provisions of this chapter, except as provided in
In subsection (e), the words "at the end of that period" are substituted for the word "then" for clarity. The words "before the end of that period" are substituted for the word "earlier" for clarity.
1962 Act
The change reflects the repeal of section 611 of the Reserve Officer Personnel Act of 1954, ch. 1257 (
Amendments
1994—
Subsecs. (a), (b).
Subsec. (e).
1980—Subsec. (e).
1975—Subsecs. (a), (b).
Subsec. (c).
Subsec. (e).
1967—Subsec. (e).
1962—Subsec. (e). Pub. L. 87—651 substituted "
1960—Subsec. (e).
Effective Date of 1994 Amendment
Amendment by sections 1662(h)(2) and 1675(d)(3)(A) of
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§12647. Commissioned officers: retention in active status while assigned to Selective Service System or serving as United States property and fiscal officers
Notwithstanding chapters 573, 1407, and 1409 of this title, a reserve commissioned officer, other than a commissioned warrant officer, who is assigned to the Selective Service System or who is a property and fiscal officer appointed, designated, or detailed under
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1007 | 50:1181(1) (as applicable to 50:1202). 50:1202. |
Sept. 3, 1954, ch. 1257, §§102(1) (as applicable to §212), 212, |
The words "this title" are substituted for the words "this chapter", since the provisions of this title requiring transfer from an active status are based on the source statute for this section (the Reserve Officer Personnel Act of 1954).
Amendments
1994—
1960—
Effective Date of 1994 Amendment
Amendment by section 1675(d)(4) of
CHAPTER 1221 —SEPARATION
Amendments
1996—
§12681. Reserves: discharge authority
Subject to other provisions of this title, reserve commissioned officers may be discharged at the pleasure of the President. Other Reserves may be discharged under regulations prescribed by the Secretary concerned.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Effective Date
Chapter effective Dec. 1, 1994, except as otherwise provided, see section 1691 of
Implementation of Agreement on Restructuring of Army National Guard and Army Reserve
"(a)
"(b)
"(2) The reassignment of a member under paragraph (1) shall not affect the grade or rank in grade of the member.
"(c)
"(d)
"(1) The term 'congressional defense committees' means the Committees on Armed Services and the Committees on Appropriations of the Senate and the House of Representatives.
"(2) The term 'off-site agreement' means the agreement on the restructuring of the Army National Guard and the Army Reserve."
Guard and Reserve Transition Initiatives
Similar provisions were contained in the following prior appropriation acts:
"SEC. 4411. FORCE REDUCTION TRANSITION PERIOD DEFINED.
"In this subtitle [subtitle B (§§4411–4422) of title XLIV of div. D of
"SEC. 4412. MEMBER OF SELECTED RESERVE DEFINED.
"In this subtitle, the term 'member of the Selected Reserve' means—
"(1) a member of a unit in the Selected Reserve of the Ready Reserve; and
"(2) a Reserve designated pursuant to section 268(b) [see 10143(a)] of
"SEC. 4413. RESTRICTION ON RESERVE FORCE REDUCTION.
"(a)
"(b)
"SEC. 4414. TRANSITION PLAN REQUIREMENTS.
"(a)
"(b)
"(1) such provisions as are necessary to implement the provisions of this subtitle and the amendments made by this subtitle; and
"(2) such other policies and procedures for the recruitment of personnel for service in the Selected Reserve of the Ready Reserve, and for the reassignment, retraining, separation, and retirement of members of the Selected Reserve, as are appropriate for satisfying the needs of the Selected Reserve together with the purpose set out in subsection (a).
"(c)
"(1) The giving of a priority for enrollment in, or reassignment to, Selected Reserve units not being inactivated to—
"(A) personnel being separated from active-duty or full-time National Guard duty; and
"(B) members of the Selected Reserve whose units are inactivated.
"(2) The giving of a priority to such personnel for transfer among the reserve components of the Armed Forces in order to facilitate reassignment to such units.
"(3) A requirement that the Secretaries of the military departments take diligent actions to ensure that members of the reserve components of the Armed Forces are informed in easily understandable terms of the rights and benefits conferred upon such personnel by this subtitle, by the amendments made by this subtitle, and by such regulations.
"(4) Such other protections, preferences, and benefits as the Secretary of Defense considers appropriate.
"(d)
"SEC. 4415. INAPPLICABILITY TO CERTAIN DISCHARGES AND TRANSFERS.
"The protections, preferences, and benefits provided for in regulations prescribed in accordance with this subtitle do not apply with respect to a member of the Selected Reserve who is discharged from a reserve component of the Armed Forces or is transferred from the Selected Reserve to another category of the Ready Reserve, to the Standby Reserve, or to the Retired Reserve—
"(1) at the request of the member unless such request was made and approved under a provision of this subtitle or
"(2) because the member no longer meets the qualifications for membership in the Selected Reserve set forth in any provision of law as in effect on the day before the date of the enactment of this Act [Oct. 23, 1992];
"(3) under adverse conditions, as characterized by the Secretary of the military department concerned; or
"(4) if the member—
"(A) is immediately eligible for retired pay based on military service under any provision of law;
"(B) is serving as a military technician, as defined in
"(C) is eligible for separation pay under
"SEC. 4416. FORCE REDUCTION PERIOD RETIREMENTS.
"(a)
"(2) An officer who is to be eliminated from an active status under this section, shall, if qualified, be given an opportunity to request transfer to the appropriate Retired Reserve and, if the officer requests it, shall be so transferred. If the officer is not transferred to the Retired Reserve, the officer shall, in the discretion of the Secretary concerned, be transferred to the appropriate inactive status list or be discharged.
"(3) A member of the Army National Guard of the United States or the Air National Guard of the United States may not be eliminated from an active status under this section without the consent of the Governor or other appropriate authority of the State or territory, Puerto Rico, or the District of Columbia, whichever is concerned.
"(b)
"(1) as of October 1, 1991, that member has completed at least 20 years of service computed under
"(2) the member satisfies the requirements of paragraphs (3) and (4) of
"(3) the member applies for transfer to the Retired Reserve.
"(c) [Repealed.
"(d)
"(e)
"(2)(A) Subject to subparagraph (B) the percent applicable to a member for purposes of paragraph (1) is 5 percent plus 0.5 percent for each full year of service, computed under
"(B) The maximum percent applicable under this paragraph is 10 percent.
"(3) In the case of a member who will attain 60 years of age during the 12-month period following the date on which an annual payment is due, the payment shall be paid on a prorated basis of one-twelfth of the annual payment for each full month between the date on which the payment is due and the date on which the member attains age 60.
"(f)
"(2) A limitation under paragraph (1) shall be consistent with the purpose set forth in section 4414(a).
"(g)
"(h)
"SEC. 4417. RETIREMENT WITH 15 YEARS OF SERVICE.
"(a)
"(b)
"SEC. 4418. SEPARATION PAY.
"(a)
"(b)
"(A) the years of service credited to that person under
"(B) 62 times the daily equivalent of the monthly basic pay to which the person would have been entitled had the person been serving on active duty at the time of the person's discharge or transfer.
"(2) In the case of a person who receives separation pay under this section and who later receives basic pay, compensation for inactive duty training, or retired pay under any provision of law, such basic pay, compensation, or retired pay, as the case may be, shall be reduced by 75 percent until the total amount withheld through such reduction equals the total amount of the separation pay received by that person under this section.
"(c)
"(d)
"SEC. 4419. WAIVER OF CONTINUED SERVICE REQUIREMENT FOR CERTAIN RESERVISTS FOR MONTGOMERY GI BILL BENEFITS.
"(a)
"(b)
"SEC. 4420. COMMISSARY AND EXCHANGE PRIVILEGES.
"The Secretary of Defense shall prescribe regulations to authorize a person who involuntarily ceases to be a member of the Selected Reserve during the force reduction transition period to continue to use commissary and exchange stores in the same manner as a member of the Selected Reserve for a period of two years beginning on the later of—
"(1) the date on which that person ceases to be a member of the Selected Reserve; or
"(2) the date of the enactment of this Act [Oct. 23, 1992].
"SEC. 4421. APPLICABILITY AND TERMINATION OF BENEFITS.
"(a)
"(2) A limitation under paragraph (1) shall be consistent with the purpose set forth in section 4414(a).
"(b)
"(c)
"SEC. 4422. READJUSTMENT BENEFITS FOR CERTAIN VOLUNTARILY SEPARATED MEMBERS OF THE RESERVE COMPONENTS.
"(a)
"(b)
[Section 518(c) of
Cross References
Discharge of members not physically qualified, see
§12682. Reserves: discharge upon becoming ordained minister of religion
Under regulations to be prescribed by the Secretary of Defense, a Reserve who becomes a regular or ordained minister of religion is entitled upon his request to a discharge from his reserve enlistment or appointment.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
§12683. Reserve officers: limitation on involuntary separation
(a) An officer of a reserve component who has at least five years of service as a commissioned officer may not be separated from that component without his consent except—
(1) under an approved recommendation of a board of officers convened by an authority designated by the Secretary concerned; or
(2) by the approved sentence of a court-martial.
(b) Subsection (a) does not apply to any of the following:
(1) A separation under
(2) A dismissal under
(3) A transfer under
(4) A separation of an officer who is in an inactive status in the Standby Reserve and who is not qualified for transfer to the Retired Reserve or is qualified for transfer to the Retired Reserve and does not apply for such a transfer.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1998—Subsec. (b)(2).
1997—Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
§12684. Reserves: separation for absence without authority or sentence to imprisonment
The President or the Secretary concerned may drop from the rolls of the armed force concerned any Reserve—
(1) who has been absent without authority for at least three months;
(2) who may be separated under
(3) who is sentenced to confinement in a Federal or State penitentiary or correctional institution after having been found guilty of an offense by a court other than a court-martial or other military court, and whose sentence has become final.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1996—
Section Referred to in Other Sections
This section is referred to in
§12685. Reserves separated for cause: character of discharge
A member of a reserve component who is separated for cause, except under
(1) the member is discharged under conditions other than honorable under an approved sentence of a court-martial or under the approved findings of a board of officers convened by an authority designated by the Secretary concerned; or
(2) the member consents to a discharge under conditions other than honorable with a waiver of proceedings of a court-martial or a board.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
§12686. Reserves on active duty within two years of retirement eligibility: limitation on release from active duty
(a)
(b)
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1996—
Section Referred to in Other Sections
This section is referred to in
§12687. Reserves under confinement by sentence of court-martial: separation after six months confinement
Except as otherwise provided in regulations prescribed by the Secretary of Defense, a Reserve sentenced by a court-martial to a period of confinement for more than six months may be separated from that Reserve's armed force at any time after the sentence to confinement has become final under
(Added
Section Referred to in Other Sections
This section is referred to in
CHAPTER 1223 —RETIRED PAY FOR NON-REGULAR SERVICE
Amendments
1999—
1996—
1994—
1992—
1986—
Cross References
Creditable service for civil service retirement, see
Retention after qualifications for retired pay, see
Chapter Referred to in Other Sections
This chapter is referred to in
§12731. Age and service requirements
(a) Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under
(1) is at least 60 years of age;
(2) has performed at least 20 years of service computed under
(3) performed the last eight years of qualifying service while a member of any category named in
(4) is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve.
(b) Application for retired pay under this section must be made to the Secretary of the military department, or the Secretary of Transportation, as the case may be, having jurisdiction at the time of application over the armed force in which the applicant is serving or last served.
(c)(1) A person who, before August 16, 1945, was a Reserve of an armed force, or a member of the Army without component or other category covered by
(A) the person performed active duty during World War I or World War II; or
(B) the person performed active duty (other than for training) during the Korean conflict, the Berlin crisis, or the Vietnam era.
(2) In this subsection:
(A) The term "World War I" means the period beginning on April 6, 1917, and ending on November 11, 1918.
(B) The term "World War II" means the period beginning on September 9, 1940, and ending on December 31, 1946.
(C) The term "Korean conflict" means the period beginning on June 27, 1950, and ending on July 27, 1953.
(D) The term "Berlin crisis" means the period beginning on August 14, 1961, and ending on May 30, 1963.
(E) The term "Vietnam era" means the period beginning on August 5, 1964, and ending on March 27, 1973.
(d) The Secretary concerned shall notify each person who has completed the years of service required for eligibility for retired pay under this chapter. The notice shall be sent, in writing, to the person concerned within one year after the person completes that service. The notice shall include notice of the elections available to such person under the Survivor Benefit Plan established under subchapter II of
(e) Notwithstanding
(f) In the case of a person who completes the service requirements of subsection (a)(2) during the period beginning on October 5, 1994, and ending on September 30, 2001, the provisions of subsection (a)(3) shall be applied by substituting "the last six years" for "the last eight years".
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1331(a) | 10:1036a(a) (less last proviso). 10:1036d (1st sentence). 34:440i(a) (less last proviso). 34:440 l (1st sentence). |
June 29, 1948, ch. 708, §§302(a), (d), 305 (1st sentence), |
1331(b) | 10:1036a(d). | |
34:440i(d). | ||
1331(c) | 10:1036a(a) (last proviso). | |
34:440i(a) (last proviso). |
In subsection (a), the words "is entitled" are substituted for the words "shall * * * be granted". The words "in the status of a commissioned officer, warrant officer, flight officer, or enlisted person" and the references to reserve components are omitted as surplusage. Reference to the Army and the Air Force without component is inserted, since the words "reserve component", as used in 10:1036a(a), include all members of the Army and the Air Force except members of the regular components thereof. The words "service, computed under
In subsection (c), the words "the Army without component or other category covered by
1958 Act
The change makes clear that in the determination of eligibility for retired pay for non–regular service, the service of a Regular serving in a temporary grade (that is, without component) may not be counted. See opinion of the Judge Advocate General of the Army, JAGA 1957/4463, May 13, 1957.
Amendments
1998—Subsec. (f).
1996—Subsec. (f).
1994—
Subsec. (f).
1989—Subsec. (d).
1983—Subsec. (c).
"(1) he performed active duty after April 5, 1917, and before November 12, 1918, or after September 8, 1940, and before January 1, 1947; or
"(2) he performed active duty (other than for training) after June 26, 1950, and before July 28, 1953, after August 13, 1961, and before May 31, 1963, or after August 4, 1964, and before March 28, 1973.",
for "unless he performed active duty after April 5, 1917, and before November 12, 1918, or after September 8, 1940, and before January 1, 1947, or unless he performed active duty (other than for training) after June 26, 1950, and before July 28, 1953".
1980—Subsec. (b).
Subsec. (e).
1978—Subsec. (d).
1968—Subsec. (e).
1966—Subsec. (d).
1958—Subsec. (a)(3).
Subsec. (c).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by section 1662(j)(1) of
Effective Date of 1989 Amendment
Section 1404(b)(3) of
Effective Date of 1983 Amendment
Section 924(b) of
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Effective Date of 1958 Amendment
Amendment by
Reserve Retirement System; Report to Congress
Survivor Annuities; Effective Date
Payment of Survivor Annuities Benefits Prior to October 1, 1976
Entitlement to Retirement Pay After October 14, 1966; Conclusiveness
Notification of completion of requisite years of service as conclusive for entitlement to retirement pay if made after Oct. 14, 1966, see section 3 of
Cross References
Cadets at Military, Air Force, and Naval Academies, appointment of children of members granted retired pay, see
Computation of retired pay, see
Years of service, computation of, see
Section Referred to in Other Sections
This section is referred to in
§12731a. Temporary special retirement qualification authority
(a)
(1) during the period described in subsection (b), determine to treat a member of the Selected Reserve of a reserve component of the armed force under the jurisdiction of that Secretary as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member—
(A) as of October 1, 1991, has completed at least 15, and less than 20, years of service computed under
(B) after that date and before October 1, 2001, completes 15 years of service computed under that section; and
(2) upon the request of the member submitted to the Secretary, transfer the member to the Retired Reserve.
(b)
(c)
(2) A limitation under paragraph (1) shall be consistent with the purpose set forth in section 4414(a) of the National Defense Authorization Act for Fiscal Year 1993 (
(3) Notwithstanding the provisions of section 4415(2) of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of
(d)
(e)
(Added
References in Text
Section 4414(a) of the National Defense Authorization Act for Fiscal Year 1993 and section 4415(2) of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992, referred to in subsec. (c)(2), (3), are sections 4414(a) and 4415(2) of
Amendments
1998—Subsec. (a)(1)(B), (b).
1996—Subsec. (c)(3).
1994—
Subsec. (c)(3).
1993—Subsec. (a).
Subsec. (a)(1)(B).
Subsec. (a)(2).
Subsec. (b).
Subsec. (c)(1).
Subsec. (e).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by section 1662(j)(1) of
§12731b. Special rule for members with physical disabilities not incurred in line of duty
(a) In the case of a member of the Selected Reserve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Secretary concerned may, for purposes of
(b) Notification under subsection (a) may not be made if—
(1) the disability was the result of the member's intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned; or
(2) the disability was incurred during a period of unauthorized absence.
(Added
§12732. Entitlement to retired pay: computation of years of service
(a) Except as provided in subsection (b), for the purpose of determining whether a person is entitled to retired pay under
(1) The person's years of service, before July 1, 1949, in the following:
(A) The armed forces.
(B) The federally recognized National Guard before June 15, 1933.
(C) A federally recognized status in the National Guard before June 15, 1933.
(D) The National Guard after June 14, 1933, if his service therein was continuous from the date of his enlistment in the National Guard, or his Federal recognition as an officer therein, to the date of his enlistment or appointment, as the case may be, in the National Guard of the United States, the Army National Guard of the United States, or the Air National Guard of the United States.
(E) The Naval Reserve Force.
(F) The Naval Militia that conformed to the standards prescribed by the Secretary of the Navy.
(G) The National Naval Volunteers.
(H) The Army Nurse Corps, the Navy Nurse Corps, the Nurse Corps Reserve of the Army, or the Nurse Corps Reserve of the Navy, as it existed at any time after February 2, 1901.
(I) The Army under an appointment under the Act of December 22, 1942 (ch. 805,
(J) An active full-time status, except as a student or apprentice, with the Medical Department of the Army as a civilian employee—
(i) in the dietetic or physical therapy categories, if the service was performed after April 6, 1917, and before April 1, 1943; or
(ii) in the occupational therapy category, if the service was performed before appointment in the Army Nurse Corps or the Women's Medical Specialist Corps and before January 1, 1949, or before appointment in the Air Force before January 1, 1949, with a view to designation as an Air Force nurse or medical specialist.
(2) Each one-year period, after July 1, 1949, in which the person has been credited with at least 50 points on the following basis:
(A) One point for each day of—
(i) active service; or
(ii) full-time service under
if that service conformed to required standards and qualifications.
(B) One point for each attendance at a drill or period of equivalent instruction that was prescribed for that year by the Secretary concerned and conformed to the requirements prescribed by law, including attendance under
(C) Points at the rate of 15 a year for membership—
(i) in a reserve component of an armed force,
(ii) in the Army or the Air Force without component, or
(iii) in any other category covered by subsection (a)(1) except a regular component.
(D) Points credited for the year under
(E) One point for each day on which funeral honors duty is performed for at least two hours under
For the purpose of clauses (A), (B), (C), (D), and (E), service in the National Guard shall be treated as if it were service in a reserve component, if the person concerned was later appointed in the National Guard of the United States, the Army National Guard of the United States, the Air National Guard of the United States, or as a Reserve of the Army or the Air Force, and served continuously in the National Guard from the date of his Federal recognition to the date of that appointment.
(3) The person's years of active service in the Commissioned Corps of the Public Health Service.
(4) The person's years of active commissioned service in the National Oceanic and Atmospheric Administration (including active commissioned service in the Environmental Science Services Administration and in the Coast and Geodetic Survey).
(b) The following service may not be counted under subsection (a):
(1) Service (other than active service) in an inactive section of the Organized Reserve Corps or of the Army Reserve, or in an inactive section of the officers' section of the Air Force Reserve.
(2) Service (other than active service) after June 30, 1949, while on the Honorary Retired List of the Naval Reserve or of the Marine Corps Reserve.
(3) Service in the inactive National Guard.
(4) Service in a non-federally recognized status in the National Guard.
(5) Service in the Fleet Reserve or the Fleet Marine Corps Reserve.
(6) Service as an inactive Reserve nurse of the Army Nurse Corps established by the Act of February 2, 1901 (ch. 192,
(7) Service in any status other than that as commissioned officer, warrant officer, nurse, flight officer, aviation midshipman, appointed aviation cadet, or enlisted member, and that described in clauses (I) and (J) of subsection (a)(1).
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1332(a) | 10:1036a(b). 10:1036a(c). 10:1036e(a). 10:1036e(b). 10:1036e(c) (less applicability to determination of retired pay). 10:1036e(d) (less applicability to determination of retired pay). |
June 29, 1948, ch. 708, §302(b), (c), |
34:440i(b). | ||
34:440i(c). | ||
34:440m(a). | ||
34:440m(b). | ||
34:440m(c) (less applicability to determination of retired pay). | ||
34:440m(d) (less applicability to determination of retired pay). | ||
1332(b) | 10:1036e(e). | |
10:1036e(f). | ||
34:440m(e). | ||
34:440m(f). |
Subsection (a) consolidates the provisions of 10:1036a and 1036e(b)–(d), and 34:440i and 440m(b)–(d), relating to service that may be counted in determining eligibility for retired pay under this chapter. 10:1036e(a) and 34:440m(a) are omitted as covered by the enumeration of the service that may be counted for the purposes of the revised section.
In subsection (a)(1)(A)–(F), the requirement that the service must have been satisfactory is omitted as executed, since all service before July 1, 1949, has been found to have been satisfactory by the Secretaries concerned.
In subsection (a)(1)(A), the words "the armed forces" are substituted for clauses (1), (2), (5)–(7), (9), (10), and (13)–(16), of 10:1036e(c) and 34:440m(c), and so much of clause (8) of 10:1036e(c) and 34:440m(c) as relates to the Naval Reserve and the Naval Reserve Force as constituted after February 28, 1925, since the service covered by those clauses when added to service in the regular components, comprises all service in the armed forces.
In subsection (a)(1)(B)–(C), the words "June 15" are inserted to reflect the exact date of the change in National Guard status made by section 5 of the Act of June 15, 1933, ch. 87,
In subsection (a)(1)(D), 10:1036e(c)(8) (last 25 words), 10:1036e(c)(9) (last 22 words), 34:440m(c)(8) (last 25 words), and 34:440m(c)(9) (last 22 words) are omitted as covered by subsection (b)(5).
In subsection (a)(2)(A), the words "service that conformed to required standards and qualifications" are substituted for 10:1036e(b) and 34:440m(b). In clause (a)(2)(A), 10:1036e(d) and 34:440m(d), which make it clear that "active Federal service", in the sense in which that term is used in 10:1036a–e and 34:440i–m, includes annual training duty and attendance at service schools, are omitted as covered by
In subsection (a)(2)(A) and (B), specific reference is made to National Guard service to reflect the opinion of the Judge Advocate General of the Army (JAGA, 1956/1908, 13 Feb. 1956).
In subsection (a)(2)(C), the words "other than active Federal service" are omitted, since the points for membership are not reduced by active duty (see opinion of the Judge Advocate General of the Army (JAGA, 1953/2016, 3 Mar. 1953)).
In subsections (a) and (b), the words "active service" are substituted for the words "active Federal service" for uniformity of expression. In clause (5), the words "transferred thereto after completion of 16 or more years of active naval service" are omitted, since other authorized fleet reserve categories have not been used and authority for them is omitted from this revised title as unnecessary.
Subsection (b)(1)–(4) is inserted because of 10:1036e(e) and (f) and 34:440m(e) and (f), which state that the service enumerated in those clauses may not be considered in determining eligibility for retired pay under this chapter. Clause (5) is based on the exclusions in 34:440m(c)(8)–(9).
Subsection (b)(6) is inserted for clarity since 10:1036a and 34:440i were limited in applicability to service in the status of a "commissioned officer, warrant officer, flight officer, or enlisted person."
1958 Act
The word "full-time" is inserted for clarity. The other change reflects the opinion of the Judge Advocate General of the Army (JAGA 1956/1908, Feb. 13, 1956) that duty performed under section 92 of the National Defense Act, the source statute for
References in Text
Act of December 22, 1942, referred to in subsec. (a)(1)(I), is act Dec. 22, 1942, ch. 805,
Women's Medical Specialist Corps, referred to in subsec. (a)(1)(J)(ii), redesignated Army Medical Specialist Corps by
Amendments
1999—Subsec. (a)(2).
1996—Subsec. (a)(2).
1994—
1980—Subsec. (a)(4).
1974—Subsec. (b)(7).
1964—Subsec. (a)(3), (4).
1959—Subsec. (a).
Subsec. (b)(6), (7).
1958—Subsec. (a).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1964 Amendment
Section 2 of
Effective Date of 1958 Amendment
Amendment by
Savings Provision
Section 3 of
Tracking System and Recommendations to Congress Relating to Award of Retirement Points
Section 531(b), (c) of
"(b)
"(c)
"(1) Elimination of membership points under subparagraph (C) of
"(2) Limitation to 60 in any year on the number of points that may be credited under subparagraph (B) of section 12732(a)(2) of such title at two points per day.
"(3) Limitation to 360 in any year on the total number of retirement points countable for purposes of section 12733 of such title."
Coast Guard Women's Reserve; Constructive Service Credit: Retirement Benefits; Retroactive Pay
"
"
Additional Clerical Service Creditable Under This Chapter
Section 15 of
"(a) Notwithstanding section 1332(b)(6) [now 12732(b)(7)] of
"(b) notwithstanding section 1332(b)(6) [now 12732(b)(7)] of
Cross References
Active duty, retention after becoming qualified for retired pay, see
Deferment of retirement of certain officers twice failing selection for promotion, see
Standards and qualifications for reserve commissioned officer to be retained in active status, see
Transfer to inactive status list instead of separation, see
Uniform allowance, see
Section Referred to in Other Sections
This section is referred to in
§12733. Computation of retired pay: computation of years of service
For the purpose of computing the retired pay of a person under this chapter, the person's years of service and any fraction of such a year are computed by dividing 360 into the sum of the following:
(1) The person's days of active service.
(2) The person's days of full-time service under
(3) One day for each point credited to the person under clause (B), (C), or (D) of
(4) One day for each point credited to the person under subparagraph (E) of
(5) 50 days for each year before July 1, 1949, and proportionately for each fraction of a year, of service (other than active service) in a reserve component of an armed force, in the Army or the Air Force without component, or in any other category covered by
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1333 | 10:1036b (less 1st 91 words, and less 1st proviso). 10:1036e(c) (as applicable to determination of retired pay). 10:1036e(d) (as applicable to determination of retired pay). 34:440j (less 1st 91 words, and less 1st proviso). |
June 29, 1948, ch. 708, §§303 (less 1st 91 words, and less 1st proviso), 306 ((c) and (d), as applicable to determination of retired pay), |
34:440m(c) (as applicable to determination of retired pay). | ||
34:440m(d) (as applicable to determination of retired pay). |
The revised section consolidates provisions of 10:1036b and 1036e, and 34:440j and 440m, relating to the years of service that may be counted in determining retired pay for persons entitled to that pay under this chapter.
Clause (1) is substituted for 10:1036b(i). In clause (3), the words "and proportionately for each fraction of a year" are inserted to make clear that parts of years must be counted. 10:1036e(d) and 34:440m(d) are omitted as covered by
1958 Act
The change is necessary so that active service and service described in section 1332(a)(2)(A)(ii) that was performed on or before July 1, 1949, may be counted in computing retired pay, as provided by the source law, section 303(i) of the Army and Air Force Vitalization and Retirement Equalization Act of 1948 (
Amendments
1999—Pars. (4), (5).
1997—Par. (3).
1996—Par. (3).
1994—
1958—
Effective Date of 1997 Amendment
Section 1073(c) of
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1958 Amendment
Amendment by
Cross References
Computation of years of service, see
Retirement or separation for physical disability, computation of service, see
Section Referred to in Other Sections
This section is referred to in
§12734. Time not creditable toward years of service
(a) Service in an inactive status may not be counted in any computation of years of service under this chapter.
(b) Time spent after retirement (without pay) for failure to conform to standards and qualifications prescribed under
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1334(a) | 10:1036c (last sentence, as applicable to inactive status). 10:1036g (last 41 words of 2d sentence). 34:440k (last sentence, as applicable to inactive status). |
June 29, 1948, ch. 708, §§304 (last sentence), 308 (last 41 words of 2d sentence), July 9, 1952, ch. 608, §211(b) (less 1st 16 words), |
34:440o (last 41 words of 2d sentence). | ||
50:931(b) (less 1st 16 words). | ||
1334(b) | 10:1036c (last sentence, less applicability to inactive status). 34:440k (last sentence, less applicability to inactive status). |
Subsection (a) is substituted for 10:1036c (1st 17 words of last sentence, as applicable to inactive status), 10:1036g (last 41 words of 2d sentence), 34:440k (last 17 words of last sentence, as applicable to inactive status), and 34:440o (last 41 words of 2d sentence). 10:1036c (proviso of last sentence, as applicable to inactive status) and 34:440k (proviso of last sentence, as applicable to inactive status) are omitted as executed. 10:1036c (last sentence, less 1st 17 words and less proviso, as applicable to inactive status) and 34:440k (last sentence, less 1st 17 words and less proviso, as applicable to inactive status) are omitted as surplusage.
In subsection (b), 10:1036c (proviso of last sentence, less applicability to inactive status) and 34:440k (proviso of last sentence, less applicability to inactive status) are omitted as executed. 10:1036c (last sentence, less 1st 17 words and less proviso, less applicability to inactive status) and 34:440k (last sentence, less 1st 17 words and less proviso, less applicability to inactive status) are omitted as surplusage.
1962 Act
The change conforms
Amendments
1994—
1962—Subsec. (b).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1962 Amendment
Section 305 of
Section Referred to in Other Sections
This section is referred to in
§12735. Inactive status list
(a) A member who would be eligible for retired pay under this chapter but for the fact that that member is under 60 years of age may be transferred, at his request and by direction of the Secretary concerned, to such inactive status list as may be established for members of his armed force, other than members of a regular component.
(b) While on an inactive status list under subsection (a), a member is not required to participate in any training or other program prescribed for his component.
(c) The Secretary may at any time recall to active status a member who is on an inactive status list under subsection (a).
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1335(a) 1335(b) |
10:1036g (1st sentence). 34:440 o (1st sentence).10:1036g (2d sentence, less last 41 words). 34:440 o (2d sentence, less last 41 words). |
June 29, 1948, ch. 708, §308 (less last 41 words of 2d sentence), |
1335(c) | 10:1036g (less 1st and 2d sentences). | |
34:440o (less 1st and 2d sentences). |
In subsection (a), the words "would be eligible but for the fact that he is under 60 years of age" are substituted for the words "has not attained the age of sixty years but is eligible in all other respects". The words "for members of his armed force, other than members of a regular component" are substituted for the words "for the reserve components of the Army of the United States or Air Force of the United States", since the source statute applied to all members except members of the regular components. The words "as has been, or" and "by law or regulation" are omitted as surplusage.
In subsection (b), the words "after the effective date of such transfer" are omitted as surplusage.
In subsection (c), 10:1036g (last 32 words of last sentence) and 34:440o (last 32 words of last sentence) are omitted as surplusage.
Amendments
1994—
Effective Date of 1994 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§12736. Service credited for retired pay benefits not excluded for other benefits
No period of service included wholly or partly in determining a person's right to, or the amount of, retired pay under this chapter may be excluded in determining his eligibility for any annuity, pension, or old-age benefit, under any other law, on account of civilian employment by the United States or otherwise, or in determining the amount payable under that law, if that service is otherwise properly credited under it.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1336 | 10:1036d (less 1st sentence). 34:440 l (less 1st sentence). |
June 29, 1948, ch. 708, §305 (less 1st sentence), |
Amendments
1994—
Effective Date of 1994 Amendment
Amendment by
§12737. Limitation on active duty
A member of the armed forces may not be ordered to active duty solely for the purpose of qualifying the member for retired pay under this chapter.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1337 | 10:1036h. 34:440p. |
June 29, 1948, ch. 708, §309, |
10:1036h (1st sentence) and 34:440p (1st sentence) are omitted as surplusage. The words "member of the armed forces" are substituted for the word "person", since only a member may be "ordered to active duty".
Amendments
1994—
Effective Date of 1994 Amendment
Amendment by
§12738. Limitations on revocation of retired pay
(a) After a person is granted retired pay under this chapter, or is notified in accordance with
(b) The number of years of creditable service upon which retired pay is computed may be adjusted to correct any error, miscalculation, misinformation, or administrative determination and when such a correction is made the person is entitled to retired pay in accordance with the number of years of creditable service, as corrected, from the date the person is granted retired pay.
(Added
Amendments
1994—
1986—
Effective Date of 1994 Amendment
Amendment by
Entitlement to Retirement Pay After October 14, 1966; Conclusiveness
Section 3 of
"(1) the granting of retired pay to a person under
"(2) a notification that a person has completed the years of service required for eligibility for retired pay under
§12739. Computation of retired pay
(a) The monthly retired pay of a person entitled to that pay under this chapter is the product of—
(1) the retired pay base for that person as computed under
(2) 2½ percent of the years of service credited to that person under
(b) The amount computed under subsection (a) may not exceed 75 percent of the retired pay base upon which the computation is based.
(c) Amounts computed under this section, if not a multiple of $1, shall be rounded down to the next lower multiple of $1.
(Added
Prior Provisions
Provisions similar to those in this section were contained in formula 3 of the table in
Effective Date
Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of
Section Referred to in Other Sections
This section is referred to in
§12740. Eligibility: denial upon certain punitive discharges or dismissals
A person who—
(1) is convicted of an offense under the Uniform Code of Military Justice (
(2) is separated pursuant to sentence of a court-martial with a dishonorable discharge, a bad conduct discharge, or (in the case of an officer) a dismissal,
is not eligible for retired pay under this chapter.
(Added
Effective Date
Section 632(b) of
CHAPTER 1225 —RETIRED GRADE
§12771. Reserve officers: grade on transfer to Retired Reserve
Unless entitled to a higher grade under another provision of law, a reserve commissioned officer, other than a commissioned warrant officer, who is transferred to the Retired Reserve is entitled to be placed on the retired list established by
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Effective Date
Chapter effective Dec. 1, 1994, except as otherwise provided, see section 1691 of
Section Referred to in Other Sections
This section is referred to in
§12772. Reserve commissioned officers who have served as Attending Physician to the Congress: grade on transfer to Retired Reserve
Unless entitled to a higher grade under another provision of law, a reserve commissioned officer who is transferred to the Retired Reserve after having served in the position of Attending Physician to the Congress is entitled to be placed on the retired list established by
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Section Referred to in Other Sections
This section is referred to in
§12773. Limitation on accrual of increased pay or benefits
Unless otherwise provided by law, no person is entitled to increased pay or other benefits because of
(Added
Prior Provisions
Provisions similar to those in this section were contained in
§12774. Retired lists
(a) Under regulations prescribed by the Secretary concerned, there shall be maintained retired lists containing the names of the Reserves of the armed forces under the Secretary's jurisdiction who are in the Retired Reserve.
(b) The Secretary of the Navy shall maintain a United States Naval Reserve Retired List containing the names of members of the Naval Reserve and the Marine Corps Reserve entitled to retired pay.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Cross References
Army and Air Force retirement lists, see
Grade of retired members recalled to active duty, see
Naval Reserve and Marine Corps Reserve; administration, see
Temporary disability retired lists, see
Voluntary retirement after 30 years or 20 years of active service, retired pay, see
Section Referred to in Other Sections
This section is referred to in