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10 U.S.C. § 12315Reserves: duty with or without pay

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 106 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets a Reserve be ordered to active duty either with normal pay or, if the Reserve agrees, without pay. Duty without pay counts the same as paid duty for other purposes. A Reserve kept on duty after their service term ends still gets paid, unless a court-martial or a commander takes that pay away.

(a) A Reserve can be ordered to active duty or other duty. They can either (1) receive the pay and allowances the law provides, or (2) serve without pay, but only if they agree to it. If a Reserve serves without pay, that service still counts as if it were paid duty for every other purpose, like retirement credit. (b) Sometimes a Reserve stays on active duty even after their service commitment has technically ended. That Reserve is still entitled to pay and allowances during that extra time. There are three exceptions: if a court-martial takes away the pay as part of a sentence, if a commanding officer takes it away through non-judicial punishment, or if the Reserve is otherwise not eligible for pay for some other reason.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 31, § 683; renumbered § 12315, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 2992

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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