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10 U.S.C. § 12320 — Reserve officers: grade in which ordered to active duty
Federal law — U.S. Code and appendices · legal_authorities
A reserve officer who is ordered to active duty or full-time National Guard duty shall be ordered to active duty or full-time National Guard duty in his reserve grade, except that a reserve officer who is credited with service under [section 12207 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12207&num=0&edition=prelim) and is ordered to active duty and placed on the active-duty list 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.
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Stable record: federal_law:legal_authorities:record_usc_b5fbe19a0f3a316810900ca2
Source file: Laws/federal/codes/united-states-code/title-10/section-12320-reserve-officers-grade-in-which-ordered-to-active-duty--a6c79fc47a.md
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Source location: Title 10, Chapter 1209, § 12320; chapter-1209-active-duty.md
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A reserve officer who is ordered to active duty or full-time National Guard duty shall be ordered to active duty or full-time National Guard duty in his reserve grade, except that a reserve officer who is credited with service under [section 12207 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12207&num=0&edition=prelim) and is ordered to active duty and placed on the active-duty list 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Rule for Grade in Which Ordered to Active Duty.—** Except as provided in subsections (b) and (c), a retired member ordered to active duty under section 688 or 688a of this title shall be ordered to active duty in the member’s retired grade.
**(b) Members Retired in O–9 and O–10 Grades.—** A retired member ordered to active duty under section 688 or 688a of this title whose retired grade is above the grade of major general or rear admiral shall be ordered to active duty in the highest permanent grade held by such member while serving on active duty.
**(c) Members Who Previously Served in Grade Higher Than Retired Grade.—**
(1) A retired member ordered to active duty under section 688 or 688a of this title who has previously served on active duty satisfactorily, as determined by the Secretary of the military department concerned, in a grade higher than that member’s retired grade may be ordered to active duty in the highest grade in which the member had so served satisfactorily, except that such a member may not be so ordered to active duty in a grade above major general or rear admiral.
(2) A retired member ordered to active duty in a grade that is higher than the member’s retired grade pursuant to subsection (a) shall be treated for purposes of [section 690 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section690&num=0&edition=prelim) as if the member was promoted to that higher grade while on that tour of active duty.
(3) If, upon being released from that tour of active duty, such a retired member has served on active duty satisfactorily, as determined by the Secretary concerned, for not less than a total of 36 months in a grade that is a higher grade than the member’s retired grade, the member is entitled to pla
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 689
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) For the purpose of determining the grade and the rank within grade of a person receiving an original appointment as a reserve commissioned officer (other than a commissioned warrant officer) in the Army, Navy, Air Force, or Marine Corps, the person shall be credited at the time of the appointment with any commissioned service (other than service as a commissioned warrant officer) performed before such appointment as a regular officer, or as a reserve officer in an active status, in any armed force, the National Oceanic and Atmospheric Administration, or the Public Health Service.
(2) The Secretary of Defense shall prescribe regulations, which shall apply uniformly among the Army, Navy, Air Force, and Marine Corps, to authorize the Secretary of the military department concerned to limit the amount of prior commissioned service with which a person receiving an original appointment may be credited under paragraph (1), or to deny any such credit, in the case of a person who at the time of such appointment is credited with constructive service under subsection (b) or (e).
**(b)**
(1) Under regulations prescribed by the Secretary of Defense, a person who is receiving an original appointment as a reserve commissioned officer (other than a commissioned warrant officer) of the Army, Navy, Air Force, or Marine Corps, and who has special training or experience, or advanced education (if applicable), shall be credited with constructive service for such education, training, or experience, as follows:
(A) One year for each year of advanced education beyond the baccalaureate degree level, for persons appointed or designated in, or assigned to, officer categories requiring such advanced education or an advanced degree as a prerequisite for such appointment, designati
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12207
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Goods and Services Provided by Nontraditional Defense Contractors.—** Notwithstanding [section 3451(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3451/1&num=0&edition=prelim), products and services provided by nontraditional defense contractors (as that term is defined in [section 3014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3014&num=0&edition=prelim)) may be treated by the head of an agency as commercial products and commercial services, respectively, for purposes of this chapter.
**(b) Services Provided by Certain Nontraditional Contractors.—** Notwithstanding [section 3451(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3451/1&num=0&edition=prelim), services provided by a business unit that is a nontraditional defense contractor (as that term is defined in [section 3014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3014&num=0&edition=prelim)) shall be treated as commercial services for purposes of this chapter, to the extent that such services use the same pool of employees as used for commercial customers and are priced using methodology similar to methodology used for commercial pricing.
**(c) Commingled Items Purchased by Contractors.—** Notwithstanding [section 3451(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3451/1&num=0&edition=prelim), items valued at less than $10,000 that are purchased by a contractor for use in the performance of multiple contracts with the Department of Defense and other parties and are not identifiable to any particular contract shall be treated as a commercial product for purposes of this chapt
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3457
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1191, acts Sept. 3, 1954, ch. 1257, title II, § 201, 68 Stat. 1150; June 30, 1955, ch. 247, § 1(a), 69 Stat. 218, related to constructive service credit on initial appointment. See [section 12207 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12207&num=0&edition=prelim), Armed Forces, and [section 3738 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3738&num=0&edition=prelim), Coast Guard.
Section 1192, act Sept. 3, 1954, ch. 1257, title II, § 202, 68 Stat. 1150, related to eligibility for promotion and to standards and qualifications for active status. See sections 12642 and 14301 et seq. of Title 10, Armed Forces, and [section 3743 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3743&num=0&edition=prelim), Coast Guard.
Section 1193, act Sept. 3, 1954, ch. 1257, title II, § 203, 68 Stat. 1150, related to appointment, composition, duration of service, quorum, and oath of service of selection boards, and to communications by officers eligible for promotion. See section 14101 et seq. of Title 10, Armed Forces, and [section 3741 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3741&num=0&edition=prelim), Coast Guard.
Section 1194, act Sept. 3, 1954, ch. 1257, title II, § 204, 68 Stat. 1151, authorized retention of officers with incomplete reserve service. See [section 12645 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12645&num=0&edition=prelim), Armed Forces.
Section 1195, acts Sept. 3, 1954, ch. 1257, title II, § 205, 68 Stat. 1151; June 30, 1955, ch. 247, § 1(b), 69 Stat. 218, related to retention of officers with eighteen or more ye
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1191 to 1202
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Federal law — U.S. Code and appendices · legal_authorities
Page 3679
TITLE 10—ARMED FORCES
§ 12321
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–337 effective Dec. 1, 1994,
except as otherwise provided, see section 1691 of Pub. L.
103–337, set out as an Effective Date note under section
10001 of this title.
§ 12319. Ready Reserve: muster duty
(a) Under regulations prescribed by the Sec-
retary of Defense, a member of the Ready Re-
serve may be ordered without his consent to
muster duty one time each year. A member or-
dered 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 re-
quired to devote to muster duty under this sec-
tion, 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), mus-
ter 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 pur-
poses of this title and the provisions of title 37
(other than section 206(a)) and title 38, including
provisions relating to the determination of eligi-
bility for and the receipt of benefits and entitle-
ments 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.
(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
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12320
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