§12320. Reserve officers: grade in which ordered to active duty

A reserve officer who is ordered to active duty shall be ordered to active duty in his reserve grade, except that a reserve officer who is credited with service under section 12207 of this title and is ordered to active duty may be ordered to active duty in a reserve grade and with a date of rank and position on the active-duty list determined under regulations prescribed by the Secretary of Defense based upon the amount of service credited.

(Added Pub. L. 96–513, title I, §106, Dec. 12, 1980, 94 Stat. 2868 , §689; amended Pub. L. 97–22, §4(g), July 10, 1981, 95 Stat. 127 ; renumbered §12320 and amended Pub. L. 103–337, div. A, title XVI, §§1625, 1662(e)(2), 1675(c)(11), Oct. 5, 1994, 108 Stat. 2962 , 2992, 3018.)

Amendment of Section

Pub. L. 103–337, div. A, title XVI, §§1625, 1691(b)(1), Oct. 5, 1994, 108 Stat. 2962 , 3026, provided that, effective Oct. 1, 1996, this section is amended-

(1) by inserting "or full-time National Guard duty" after "active duty" the first two places it appears; and

(2) by inserting "and placed on the active-duty list" after "active duty" the third place it appears.

Amendments

1994-Pub. L. 103–337, §1675(c)(11), substituted "12207" for "3353, 5600, or 8353".

Pub. L. 103–337, §1662(e)(2), renumbered section 689 of this title as this section.

1981-Pub. L. 97–22 inserted provision relating to a reserve officer who is credited with service under section 3353, 5600, or 8353 of this title and is ordered to active duty.

Effective Date of 1994 Amendment

Amendment by sections 1662(e)(2) and 1675(c)(11) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, and amendment by section 1625 of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

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 Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.