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10 U.S.C. § 12320 — Reserve officers: grade in which ordered to active duty

submitted 46 years ago by Pub. L. 96-513 to r/title-10-ARMED-FORCES · 95 words · no verdicts yet

in plain englishAI-generated · not legal advice

A reserve officer normally goes onto active duty or National Guard duty at their existing reserve rank. There is an exception for officers credited with certain prior service under section 12207, whose rank and seniority the Defense Secretary can set by regulation.

When a reserve officer is ordered to active duty or full-time National Guard duty, they normally keep the same rank they already hold as a reserve officer. There is one exception: if the officer is credited with service under section 12207 of this title and is placed on the active-duty list, the Secretary of Defense may, by regulation, order that officer to active duty in a different reserve grade, with a date of rank and place on the active-duty list based on how much service is credited to them.
the actual law source: uscode.house.gov ↗public domain

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 section 12207 of this title and is ordered to active duty and placed on the active-duty list 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.

Source credit: (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; Pub. L. 104–106, div. A, title XV, § 1501(a)(2), Feb. 10, 1996, 110 Stat. 495.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-513 · 94 Stat. 2868
  • 1981Amended · Pub. L. 97-22 · 95 Stat. 127
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 2962, 2992, 3018
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 495

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-513 on 1980-12-12.

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