Title 10 — Armed ForcesRelease 119-73
§12309 Reserve officers: use of in expansion of armed forces
Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART II— - PERSONNEL GENERALLY › Chapter CHAPTER 1209— - ACTIVE DUTY › § 12309
Summary
If the military must call individual reserve officers to active duty without their consent during an expansion, it must use qualified, available reserve officers of all ranks to meet the needs of the services, ranks, and specialties.
Full Legal Text
Title 10, §12309
Armed Forces — Source: USLM XML via OLRC
When an expansion of the active armed forces requires that officers of the reserve components who are not members of units organized to serve as such be ordered as individuals to active duty (other than for training) without their consent, the services of qualified and available reserve officers in all grades shall be used, so far as practicable, according to the needs of the branches, grades, or specialties concerned.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 67750:961(f).July 9, 1952, ch. 608, § 233(f), 66 Stat. 490. The words “without their consent” are substituted for the word “involuntarily”. The words “it shall be the policy” are omitted as surplusage. The words “to active duty (other than for training)” are substituted for the words “into the active military service”.
Editorial Notes
Amendments
1994—Pub. L. 103–337 renumbered section 677 of this title as this section.
Reference
Citations & Metadata
Citation
10 U.S.C. § 12309
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73