10 U.S.C. § 12319 — Ready Reserve: muster duty

submitted 37 years ago by Pub. L. 101-189 to r/title-10-ARMED-FORCES · 205 words · no verdicts yet

in plain englishAI-generated · not legal advice

Under Defense Department rules, a Ready Reserve member can be ordered to a once-a-year muster lasting at least two hours, with travel counted toward a one-day yearly cap. This muster duty is treated like inactive-duty training for benefits, except it does not count toward retired pay.

(a) The Secretary of Defense writes the rules. Under those rules, a member of the Ready Reserve can be ordered to attend muster duty one time each year, even without their consent. Each time they are mustered, they must do at least two hours of muster duty on the day of the muster. (b) The total time a member spends on muster duty in a calendar year, counting round-trip travel to and from the muster location, cannot be more than one day. (c) Except for what subsection (d) says, muster duty (and the travel to and from it) is treated the same as inactive-duty training for most purposes. That includes benefits and entitlements under this title, title 37 (except section 206(a)), and title 38, the same benefits Reserves and their dependents and survivors get for inactive-duty training. (d) One exception: muster duty does not count toward earning or calculating retired pay under chapter 1223 of this title.

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

(a)

Under regulations prescribed by the Secretary of Defense, a member of the Ready Reserve may be ordered without his consent to muster duty one time each year. A member ordered to muster duty under this section shall be required to perform a minimum of two hours of muster duty on the day of muster.

(b)

The period which a member may be required to devote to muster duty under this section, including round-trip travel to and from the location of that duty, may not total more than one day each calendar year.

(c)

Except as specified in subsection (d), muster duty (and travel directly to and from that duty) under this section shall be treated as the equivalent of inactive-duty training (and travel directly to and from that training) for the purposes of this title and the provisions of title 37 (other than section 206(a)) and title 38, including provisions relating to the determination of eligibility for and the receipt of benefits and entitlements provided under those titles for Reserves performing inactive-duty training and for their dependents and survivors.

(d)

Muster duty under this section shall not be credited in determining entitlement to, or in computing, retired pay under chapter 1223 of this title.

Source credit: (Added Pub. L. 101–189, div. A, title V, § 502(a)(1), Nov. 29, 1989, 103 Stat. 1436, § 687; renumbered § 12319 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(10), Oct. 5, 1994, 108 Stat. 2992, 3018.)

history & why it existsrecord from the source credit

1989Enacted · Pub. L. 101-189 · 103 Stat. 1436
1994Amended · Pub. L. 103-337 · 108 Stat. 2992, 3018

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-189 on 1989-11-29.

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