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10 U.S.C. § 20106Orders to active duty: without consent of member

submitted 3 years ago by Pub. L. 118-31 to r/title-10-ARMED-FORCES · 579 words · no verdicts yet

in plain englishAI-generated · not legal advice

Space Force members on active, inactive, or retired status can be ordered to duty without consent. This uses the same rules that apply to other military reserve components. Shared rules on pay, duty type, and release apply the same way.

(a) Members in a Space Force Active Status. (1) A Space Force member in a space force active status who is not on sustained duty can, without that member's consent, be ordered to active duty or inactive duty, the same way a reserve component member is ordered under chapter 1209 of this title or any other law that lets an active-status reserve member be ordered without consent. (2) The provisions of chapter 1209, or other applicable laws, covering a Ready Reserve member ordered to active duty apply the same way to a Space Force member in an active status ordered to active duty under paragraph (1). (3) The provisions of section 12304, covering members in the Individual Ready Reserve mobilization category, apply to a Space Force member designated an Individual Ready Guardian when ordered to active duty, if that member meets the requirements of section 20102(b). (b) Members in a Space Force Inactive Status. (1) A Space Force member in an inactive status can be ordered to active duty under: (A) chapter 1209; (B) any other law letting an inactive-status reserve member be ordered to active duty; or (C) the terms of any agreement the member entered into under section 20103. (2) The provisions of chapter 1209, or other applicable laws, covering the Standby Reserve apply the same way to a Space Force member in an inactive status ordered to active duty. (c) Members in a Space Force Retired Status. (1) Chapters 39 and 1209 include the provisions that let a Space Force member in a retired status be ordered to active duty. (2) Sections 688, 688a, and 12407, covering a retired member or a Retired Reserve member, apply the same way to a retired Space Force member ordered to active duty. (3) Section 689, covering a retired member ordered to active duty, applies the same way to a retired Space Force member ordered to active duty. (d) Other Applicable Provisions. These chapter 1209 provisions apply to a Space Force member ordered to active duty the same way they apply to a Reserve or Retired Reserve member ordered to active duty: (1) Section 12305 — the President's authority to suspend certain promotion, retirement, and separation laws. (2) Section 12308 — staying on duty after becoming qualified for retired pay. (3) Section 12313 — release from active duty. (4) Section 12314 — kinds of duty. (5) Section 12315 — duty with or without pay. (6) Section 12316 — payment of certain Reserves while on duty. (7) Section 12317 — limits on theological students. (8) Section 12320 — the grade someone is ordered to active duty in.
the actual law source: uscode.house.gov ↗public domain
(a)Members in a Space Force Active Status.—
(1)

A member of the Space Force in a space force active status who is not on sustained duty, may, without the consent of the member, be ordered to active duty or inactive duty in the same manner as a member of a reserve component ordered to active duty or inactive duty under the provisions of chapter 1209 of this title and any other provision of law authorizing the order to active duty of a member of a reserve component in an active status without the consent of the member.

(2)

The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to a member of the Ready Reserve when ordered to active duty shall apply to a member of the Space Force who is in a space force active status when ordered to active duty under paragraph (1).

(3)

The provisions of section 12304 of this title pertaining to members in the Individual Ready Reserve mobilization category shall apply to a member of the Space Force who is designated an Individual Ready Guardian when ordered to active duty who meets the provisions of section 20102(b) of this title.

(b)Members in a Space Force Inactive Status.—
(1)

A member of the Space Force in a space force inactive status may be ordered to active duty under—

(A)

the provisions of chapter 1209 of this title;

(B)

any other provision of law authorizing the order to active duty of a member of a reserve component in an inactive status; and

(C)

the terms of any agreement entered into by the member under section 20103 of this title.

(2)

The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to the Standby Reserve shall apply to a member of the Space Force who is in a space force inactive service when ordered to active duty.

(c)Members in a Space Force Retired Status.—
(1)

Chapters 39 and 1209 of this title include provisions authorizing the order to active duty of a member of the Space Force in a space force retired status.

(2)

The provisions of sections 688, 688a, and 12407 of this title pertaining to a retired member or a member of the Retired Reserve shall apply to a member of the Space Force in a space force retired status when ordered to active duty.

(3)

The provisions of section 689 of this title pertaining to a retired member ordered to active duty shall apply to a member of the Space Force in a space force retired status who is ordered to active duty.

(d)Other Applicable Provisions.—

The following provisions of chapter 1209 of this title shall apply to a member of the Space Force ordered to active duty in the same manner as to a Reserve or member of the Retired Reserve ordered to active duty:

(1)

Section 12305, relating to the authority of the President to suspend certain laws relating to promotion, retirement, and separation.

(2)

Section 12308, relating to retention after becoming qualified for retired pay.

(3)

Section 12313, relating to release from active duty.

(4)

Section 12314, relating to kinds of duty.

(5)

Section 12315, relating to duty with or without pay.

(6)

Section 12316, relating to payment of certain Reserves while on duty.

(7)

Section 12317, relating to theological students; limitations.

(8)

Section 12320, relating to grade in which ordered to active duty.

Source credit: (Added Pub. L. 118–31, div. A, title XVII, § 1715, Dec. 22, 2023, 137 Stat. 629; amended Pub. L. 118–159, div. A, title V, § 521(m), Dec. 23, 2024, 138 Stat. 1882.)

history & why it existsrecord from the source credit
  • 2023Enacted · Pub. L. 118-31 · 137 Stat. 629
  • 2024Amended · Pub. L. 118-159 · 138 Stat. 1882

A history note hasn’t been published yet. The record shows enactment by Pub. L. 118-31 on 2023-12-22.

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