Statutes, codes, and regulations
United States Code
Title 10 - ARMED FORCESSubtitle E - RESERVE COMPONENTSPart II - PERSONNEL GENERALLY
Chapter 1209 - ACTIVE DUTY
Section 12307 - Retired Reserve

10 U.S.C. § 12307

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Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 12307 - Retired Reserve

A member in the Retired Reserve may, if qualified, be ordered to active duty without his consent, but only as provided in section 688 or 12301(a) of this title. A member of the Retired Reserve (other than a member transferred to the Retired Reserve under section 12641(b) of this title) who is ordered to active duty or other appropriate duty in a retired status may be credited under chapter 1223 of this title with service performed pursuant to such order. A member in a retired status is not eligible for promotion (or for consideration for promotion) as a Reserve.

10 U.S.C. § 12307

Aug. 10, 1956, ch. 1041, 70A Stat. 29, §675; Pub. L. 98-94, title X, §1017(a), Sept. 24, 1983, 97 Stat. 669; Pub. L. 101-189, div. A, title VI, §651(d), Nov. 29, 1989, 103 Stat. 1461; renumbered §12307 and amended Pub. L. 103-337, div. A, title XVI, §§1662(e)(2), 1675(c)(5), Oct. 5, 1994, 108 Stat. 2992, 3017; Pub. L. 104-106, div. A, title XV, §1501(b)(17), Feb. 10, 1996, 110 Stat. 497.

HISTORICAL AND REVISION NOTE
Revised sectionSource (U.S. Code)Source (Statutes at Large)
675 50:927(c). July 9, 1952, ch. 608, §207(c), 66 Stat. 483.

EDITORIAL NOTES

AMENDMENTS1996- Pub. L. 104-106 substituted "Retired Reserve (other" for "Ready Reserve (other".1994- Pub. L. 103-337, §1675(c)(5), substituted "688 or 12301(a)" for "672(a) or 688", "12641(b)" for "1001(b)", and "1223" for "67". Pub. L. 103-337, §1662(e)(2), renumbered section 675 of this title as this section. 1989- Pub. L. 101-189 inserted at end "A member of the Ready Reserve (other than a member transferred to the Retired Reserve under section 1001(b) of this title) who is ordered to active duty or other appropriate duty in a retired status may be credited under chapter 67 of this title with service performed pursuant to such order. A member in a retired status is not eligible for promotion (or for consideration for promotion) as a Reserve."1983-Pub. L. 98-94 inserted reference to section 688.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1996 AMENDMENT 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.

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.

active duty
The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
officer
The term "officer" means a commissioned or warrant officer.