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10 U.S.C. § 20104Orders to active duty: with consent of member

submitted 3 years ago by Pub. L. 118-31 to r/title-10-ARMED-FORCES · 329 words · no verdicts yet

in plain englishAI-generated · not legal advice

Space Force members can consent to active duty for medical care or sexual-assault line-of-duty decisions. The same reserve-component rules on pay, duty type, and retention then apply to them.

(a) Authority. A Space Force member who is in a space force active status (not on sustained duty), or who is in a space force inactive status, can — with that member's consent — be ordered to active duty, or kept on active duty, under these sections of chapter 1209 of this title, the same way they'd apply to a reserve component member ordered or retained with consent: (1) Section 12301(d) — orders to active duty at any time with the member's consent. (2) Section 12301(h) — orders to active duty for medical or health care matters. (3) Section 12322 — active duty for health care. (4) Section 12323 — active duty pending a line-of-duty determination needed to respond to sexual assault. (b) Applicable Provisions of Law. These sections of chapter 1209, which normally apply to a reserve component member ordered to active duty with consent, apply the same way to a Space Force member ordered to active duty under this section: (1) Section 12308 — staying on duty after becoming qualified for retired pay. (2) Section 12309 — using Reserve officers to expand the armed forces. (3) Section 12313 — releasing reserve members from active duty. (4) Section 12314 — kinds of duty. (5) Section 12315 — duty with or without pay. (6) Section 12316 — paying certain Reserves while on duty. (7) Section 12318 — duties and funding of reserve members on active duty. (8) Section 12320 — the grade someone is ordered to active duty in. (9) Section 12321 — limiting how many reserve members can be assigned to Reserve Officer Training Corps units.
the actual law source: uscode.house.gov ↗public domain
(a)Authority.—

A member of the Space Force who is serving in a space force active status and is not on sustained duty, or who is serving in a space force inactive status, may, with the consent of the member, be ordered to active duty, or retained on active duty, under the following sections of chapter 1209 of this title in the same manner as applies to a member of a reserve component ordered to active duty, or retained on active duty, under that section with the consent of the member:

(1)

Section 12301(d), relating to orders to active duty at any time with the consent of the member.

(2)

Section 12301(h), relating to orders to active duty in connection with medical or health care matters.

(3)

Section 12322, relating to active duty for health care.

(4)

Section 12323, relating to active duty pending line of duty determination required for response to sexual assault.

(b)Applicable Provisions of Law.—

The following sections of chapter 1209 of this title pertaining to a member of a reserve component ordered to active duty with the consent of the member apply to a member of the Space Force who is ordered to active duty under this section in the same manner as to such a reserve component member:

(1)

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

(2)

Section 12309, relating to use of Reserve officers in expansion of armed forces.

(3)

Section 12313, relating to release of reserve members 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 12318, relating to duties and funding of reserve members on active duty.

(8)

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

(9)

Section 12321, relating to a limitation on number of reserve members assigned to Reserve Officer Training Corps units.

Source credit: (Added Pub. L. 118–31, div. A, title XVII, § 1715, Dec. 22, 2023, 137 Stat. 628.)

history & why it existsrecord from the source credit
  • 2023Enacted · Pub. L. 118-31 · 137 Stat. 628

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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