§10148 — Title 10 Armed Forces | U.S. Code

Summary

If a Ready Reserve member does not complete the year’s required training, the Secretary can order them, without their consent, to do up to 45 days of extra active training. If this happens in their last required year, their Ready Reserve membership can be extended until they finish that extra training, but not for more than six months. For Army or Air National Guard members, a Governor (or the D.C. commanding general) can ask for the same 45‑day order. The Secretary, following Defense Department rules, decides whether the training was unsatisfactory, and Guard members ordered this way serve as a Reserve of the Army or the Air Force.

Title 10, §10148

Armed Forces — Source: USLM XML via OLRC

(a)A member of the Ready Reserve covered by section 10147 of this title who fails in any year to perform satisfactorily the training duty prescribed in that section, as determined by the Secretary concerned under regulations prescribed by the Secretary of Defense, may be ordered without his consent to perform additional active duty for training for not more than 45 days. If the failure occurs during the last year of his required membership in the Ready Reserve, his membership is extended until he performs that additional active duty for training, but not for more than six months.

(b)A member of the Army National Guard of the United States or the Air National Guard of the United States who fails in any year to perform satisfactorily the training duty prescribed by or under law for members of the Army National Guard or the Air National Guard, as the case may be, as determined by the Secretary concerned, may, upon the request of the Governor of the State (or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard) be ordered, without his consent, to perform additional active duty for training for not more than 45 days. A member ordered to active duty under this subsection shall be ordered to duty as a Reserve of the Army or as a Reserve of the Air Force, as the case may be.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 270(b), (c) of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).

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. Pub. L. 103–337, div. A, title XVI, § 1661(a)(5)(B), Oct. 5, 1994, 108 Stat. 2980, provided that: “section 10148(b) [10 U.S.C. 10148(b)], as added by paragraph (1), applies only to persons who became members of the Army National Guard of the United States or the Air National Guard of the United States after October 4, 1961.”

§10148 Ready Reserve: Failure to Satisfactorily Perform Prescribed Training