Title 10Armed ForcesRelease 119-73

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

Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART II— - PERSONNEL GENERALLY › Chapter CHAPTER 1209— - ACTIVE DUTY › § 12320

Last updated Apr 6, 2026|Official source

Summary

Reserve officers ordered to active duty serve in reserve grade, except those credited under section 12207 placed on the active‑duty list may have date of rank and list position set by SecDef regulations by credited service.

Full Legal Text

Title 10, §12320

Armed Forces — Source: USLM XML via OLRC

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 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Pub. L. 104–106 made technical correction to directory language of Pub. L. 103–337, § 1625. See 1994 Amendment note below. 1994—Pub. L. 103–337, § 1675(c)(11), substituted “12207” for “3353, 5600, or 8353”. Pub. L. 103–337, § 1662(e)(2), renumbered section 689 of this title as this section. 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”. 1981—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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment 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 AmendmentAmendment by section 1662(e)(2) and 1675(c)(11) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, and amendment by section 1625 of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as an

Effective Date

note under section 10001 of this title.

Effective Date

Section effective Sept. 15, 1981, but the authority to prescribe

Regulations

under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an

Effective Date

of 1980 Amendment note under section 101 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 12320

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73