Title 10 — Armed ForcesRelease 119-73

§12323 Active duty pending line of duty determination required for response to sexual assault

Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART II— - PERSONNEL GENERALLY › Chapter CHAPTER 1209— - ACTIVE DUTY › § 12323

Last updated Apr 6, 2026|Official source

Summary

Military department secretaries can keep a reserve member on active duty or put a reserve member back on active duty so a decision can be made about whether an alleged sexual assault happened while the member was on duty (called a "line of duty determination"). If a member is on active duty but expected to leave before that decision, they can ask to stay on active duty until the decision is finished. If a member is off active duty but the assault happened while they were on active duty, they can ask to be ordered to active duty until the decision is finished. Eligible members must be told as soon as possible about this option. The military departments must make rules that follow Defense Department guidance. That guidance must require a decision on a member’s request within 30 days, and if the request is denied the member can appeal to the first general or flag officer in their chain of command and get a decision on the appeal within 15 days.

Full Legal Text

Title 10, §12323

Armed Forces — Source: USLM XML via OLRC

(a)In the case of a member of a reserve component who is the alleged victim of sexual assault committed while on active duty and who is expected to be released from active duty before the determination is made regarding whether the member was assaulted while in the line of duty (in this section referred to as a “line of duty determination”), the Secretary concerned, upon the request of the member, may order the member to be retained on active duty until completion of the line of duty determination. A member eligible for continuation on active duty under this subsection shall be informed as soon as practicable after the alleged assault of the option to request continuation on active duty under this subsection.

(b)In the case of a member of a reserve component not on active duty who is the alleged victim of a sexual assault that occurred while the member was on active duty and when the line of duty determination is not completed, the Secretary concerned, upon the request of the member, may order the member to active duty for such time as necessary for completion of the line of duty determination.

(c)The Secretaries of the military departments shall prescribe regulations to carry out this section, subject to guidelines prescribed by the Secretary of Defense. The guidelines of the Secretary of Defense shall provide that—

(1)a request submitted by a member described in subsection (a) or (b) to continue on active duty, or to be ordered to active duty, respectively, must be decided within 30 days from the date of the request; and

(2)if the request is denied, the member may appeal to the first general officer or flag officer in the chain of command of the member, and in the case of such an appeal a decision on the appeal must be made within 15 days from the date of the appeal.

Reference

Citations & Metadata

Citation

10 U.S.C. § 12323

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73