PRIA, Government Policy, Made Personal

Summary

People who are required to serve in a reserve component must be put into their service’s Ready Reserve for their term of service unless they are moved to the Standby Reserve under section 10146(a). Units and members of the Army National Guard of the United States and the Air National Guard of the United States are in the Ready Reserve of the Army and Air Force. Any reserve members assigned to units organized and named to serve as Ready Reserve are in the Ready Reserve. Under rules the Secretary of the military department makes, a qualified reserve member or a qualified retired enlisted regular member can ask to be placed in the Ready Reserve. A retiree who already gets retired pay, or a retired regular enlisted member, may only be placed in the Ready Reserve if the Secretary finds their service is indispensable. The Secretary cannot give that decision power to a civilian below the Assistant Secretary level or to an officer below the rank of lieutenant general or vice admiral who handles personnel policy.

Title 10, §10145

Armed Forces, Source: USLM XML via OLRC

(a)Each person required under law to serve in a reserve component shall, upon becoming a member, be placed in the Ready Reserve of his armed force for his prescribed term of service, unless he is transferred to the Standby Reserve under section 10146(a) of this title.

(b)The units and members of the Army National Guard of the United States and of the Air National Guard of the United States are in the Ready Reserve of the Army and the Ready Reserve of the Air Force, respectively.

(c)All Reserves assigned to units organized to serve as units and designated as units in the Ready Reserve are in the Ready Reserve.

(d)Under such regulations as the Secretary concerned may prescribe, any qualified member of a reserve component or any qualified retired enlisted member of a regular component may, upon his request, be placed in the Ready Reserve. However, a member of the Retired Reserve entitled to retired pay or a retired enlisted member of a regular component may not be placed in the Ready Reserve unless the Secretary concerned makes a special finding that the member’s services in the Ready Reserve are indispensable. The authority of the Secretary concerned under the preceding sentence may not be delegated—

(1)to a civilian officer or employee of the military department concerned below the level of Assistant Secretary; or

(2)to a member of the armed forces below the level of the lieutenant general or vice admiral in an armed force with responsibility for military personnel policy in that armed force.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 269(a)–(d) of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).

Amendments

2003—Subsec. (d). Pub. L. 108–136 substituted last sentence of introductory provisions and pars. (1) and (2) for “The Secretary concerned may not delegate his authority under the preceding sentence.”

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

§10145 Ready Reserve: Placement In