10 U.S.C. § 12323 — Active duty pending line of duty determination required for response to sexual assault

submitted 13 years ago by Pub. L. 112-239 to r/title-10-ARMED-FORCES · 331 words · no verdicts yet

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A reserve member who reports being sexually assaulted while on active duty can ask to stay on, or return to, active duty until officials decide whether the assault happened in the line of duty. The Secretary of Defense must set rules requiring a decision within 30 days, with a 15-day appeal process if a request is denied.

(a) Continuation on Active Duty. If a reserve component member says they were sexually assaulted while on active duty, and they are about to be released from active duty before officials decide whether the assault happened "in the line of duty," the member can ask the Secretary concerned to keep them on active duty until that decision is made. The Secretary may grant this request. The member must be told about this option as soon as possible after reporting the assault. (b) Return to Active Duty. If a reserve member is no longer on active duty, but says they were sexually assaulted while they were on active duty, and the line-of-duty decision still has not been made, that member can ask to be ordered back to active duty until the decision is made. The Secretary may grant this request too. (c) Regulations. The Secretaries of the military departments must write rules to carry out this section, following guidelines from the Secretary of Defense. Those guidelines must require: (1) a decision on a request under (a) or (b) within 30 days of the request; and (2) if the request is denied, the member can appeal to the first general or flag officer above them in the chain of command, and that appeal must be decided within 15 days.

the actual law source: uscode.house.gov ↗public domain

(a)Continuation on Active Duty.—

In the case of a member of a reserve component who is the alleged victim of sexual assault committed while on active duty and who is expected to be released from active duty before the determination is made regarding whether the member was assaulted while in the line of duty (in this section referred to as a “line of duty determination”), the Secretary concerned, upon the request of the member, may order the member to be retained on active duty until completion of the line of duty determination. A member eligible for continuation on active duty under this subsection shall be informed as soon as practicable after the alleged assault of the option to request continuation on active duty under this subsection.

(b)Return to Active Duty.—

In the case of a member of a reserve component not on active duty who is the alleged victim of a sexual assault that occurred while the member was on active duty and when the line of duty determination is not completed, the Secretary concerned, upon the request of the member, may order the member to active duty for such time as necessary for completion of the line of duty determination.

(c)Regulations.—

The Secretaries of the military departments shall prescribe regulations to carry out this section, subject to guidelines prescribed by the Secretary of Defense. The guidelines of the Secretary of Defense shall provide that—

(1)

a request submitted by a member described in subsection (a) or (b) to continue on active duty, or to be ordered to active duty, respectively, must be decided within 30 days from the date of the request; and

(2)

if the request is denied, the member may appeal to the first general officer or flag officer in the chain of command of the member, and in the case of such an appeal a decision on the appeal must be made within 15 days from the date of the appeal.

Source credit: (Added Pub. L. 112–239, div. A, title V, § 571(a), Jan. 2, 2013, 126 Stat. 1753.)

history & why it existsrecord from the source credit

2013Enacted · Pub. L. 112-239 · 126 Stat. 1753

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-239 on 2013-01-02.

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