§ 12320. Reserve officers: grade in which ordered to active duty

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 title I § 106 · 94 Stat. 2835

   Enacted · 10 U.S.C. § 12320

   Added Pub. L. 96–513, title I, § 106, Dec. 12, 1980, 94 Stat. 2868, § 689

   Source evidence

   Code source credit
   Added Pub. L. 96–513, title I, § 106, Dec. 12, 1980, 94 Stat. 2868, § 689

   Enacted provision · exact public law section
   Sec. 106. authority to order retired members of regular components to active duty; grade in which reserve officers ordered to active duty Chapter 39, relating to service on active duty, is amended by adding at the end thereof the following new sections: “§688. Regular components: retired members “(a) Under regulations prescribed by the Secretary of Defense, a retired member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps may be ordered to active duty by the Secretary of the military department concerned at any time. The Secretary concerned may, to the extent consistent with other provisions of law, assign a member ordered to active duty under this section to such duties as the Secretary considers necessary in the interests of national defense. “(b) A retired member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps who, while on active duty, is promoted to a grade that is higher than his retired grade is entitled, upon his release from that tour of active duty, to placement on the retired list in the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the military department concerned, for not less than six months. “(c) Except in time of war, or of national emergency declared by the Congress or the President after November 30, 1980, not more than fifteen retired general officers of the Army, Air Force, or Marine Corps, and not more than fifteen retired flag officers of the Navy, may be on active duty at any one time. For the purposes of this subsection a retired officer ordered to active duty for a period of sixty days or less is not counted. “§689. Reserve officers: grade in which ordered to active duty “A reserve officer who is ordered to active duty shall be ordered to active duty in his reserve grade.”.

2. 1981

   Defense Officer Personnel Management Act Technical Corrections Act

   Pub. L. 97–22 § 4(g) · 95 Stat. 124

   Inserted · 10 U.S.C. § 12320

   Pub. L. 97–22 inserted provision relating to a reserve officer who is credited with service under section 3353, 5600, or 8353 of this title and is ordered to active duty

   Source evidence

   Code amendment note
   Pub. L. 97–22 inserted provision relating to a reserve officer who is credited with service under section 3353, 5600, or 8353 of this title and is ordered to active duty.

   Enacted provision · exact public law section
   (g) Section 689 of such title (as added by section 106 of the Act (94 Stat. 2868)) is amended by striking out the period and inserting in lieu thereof “, except that a reserve officer who is credited with service under section 3353, 5600, or 8353 of this title and is ordered to active duty 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.”.

3. 1994

   Reserve Officer Personnel Management Act

   Pub. L. 103–337 § 1675(c)(11) · 108 Stat. 2663

   Substituted · 10 U.S.C. § 12320

   Pub. L. 103–337, § 1675(c)(11), substituted “12207” for “3353, 5600, or 8353”

   Source evidence

   Code amendment note
   Pub. L. 103–337, § 1675(c)(11), substituted “12207” for “3353, 5600, or 8353”.

   Enacted provision · exact public law section
   (11) Section 12320 is amended by striking out “section 3353, 5600, or 8353” and inserting in lieu thereof “section 12207”.

   Effective date note
   Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

4. 1994

   Reserve Officer Personnel Management Act

   Pub. L. 103–337 § 1662(e)(2) · 108 Stat. 2663

   Changed · 10 U.S.C. § 12320

   Pub. L. 103–337, § 1662(e)(2), renumbered section 689 of this title as this section

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–337, § 1662(e)(2), renumbered section 689 of this title as this section.

   Enacted provision · exact public law section
   (2) Sections 672 through 673a, section 673b (as amended by section 511), sections 673c through 687, section 689 (as amended by section 1625), and section 690 are transferred to chapter 1209, as added by paragraph (1), inserted after the table of sections, and redesignated as follows: Section Redesignated section  672 12301  673 12302  673a 12303  673b 12304  673c 12305  674 12306  675 12307  676 12308  677 12309  678 12310  679 12311  680 12312  681 12313  682 12314  683 12315  684 12316  685 12317  686 12318  687 12319  689 12320  690 12321

   Effective date note
   Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

5. 1994

   Reserve Officer Personnel Management Act

   Pub. L. 103–337 § 1625 · 108 Stat. 2663

   1. Amended · 10 U.S.C. § 12320

      Pub. L. 103–337, § 1625, as amended by Pub. L. 104–106

   2. Inserted · 10 U.S.C. § 12320

      Pub. L. 103–337, § 1625, as inserted “or full-time National Guard duty” after “who is ordered to active duty” and after “shall be ordered to active duty”

   3. Inserted · 10 U.S.C. § 12320

      Pub. L. 103–337, § 1625, as inserted “and placed on the active-duty list” after “and is ordered to active duty”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–337, § 1625, as amended by Pub. L. 104–106, inserted “or full-time National Guard duty” after “who is ordered to active duty” and after “shall be ordered to active duty” and inserted “and placed on the active-duty list” after “and is ordered to active duty”.

   Enacted provision · exact public law section
   SEC. 1625. GRADE IN WHICH RESERVE OFFICERS ARE ORDERED TO ACTIVE DUTY. 10 USC 689. Section 689 is amended— (1) by inserting “or full-time National Guard duty” after “active duty” the first two places it appears; and (2) by inserting “and placed on the active-duty list” after “active duty” the third place it appears.

   Effective date note
   Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

6. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. A title XV § 1501(a)(2) · 110 Stat. 186

   Changed · 10 U.S.C. § 12320

   Pub. L. 104–106 made technical correction to directory language of Pub. L. 103–337, § 1625. See 1994 Amendment note below

   Source evidence

   Code amendment note
   Pub. L. 104–106 made technical correction to directory language of Pub. L. 103–337, § 1625. See 1994 Amendment note below.

   Enacted provision · exact public law section
   (2) Section 1625 (108 Stat. 2962) is amended by striking 10 USC 12320. out “Section 689” and inserting in lieu thereof “Section 12320”.

   Effective date note
   Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

8 of 8 references resolved to an enrolled provision