PRIA, Government Policy, Made Personal

Summary

Reserves may be ordered to active duty or other duty either with the pay and allowances the law provides, or, if they agree, without pay. Duty done without pay counts the same as duty with pay for all purposes. If a Reserve stays on active duty after their service term ends, they must be paid while on that duty unless pay is lost because of a court-martial sentence, non-judicial punishment by their commanding officer, or another non-pay status.

Title 10, §12315

Armed Forces, Source: USLM XML via OLRC

(a)Subject to other provisions of this title, any Reserve may be ordered to active duty or other duty—

(1)with the pay and allowances provided by law; or

(2)with his consent, without pay.

Duty without pay shall be considered for all purposes as if it were duty with pay.

(b)A Reserve who is kept on active duty after his term of service expires is entitled to pay and allowances while on that duty, except as they may be forfeited under the approved sentence of a court-martial or by non-judicial punishment by a commanding officer or when he is otherwise in a non-pay status.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 683(a)683(b)50:971.50:972.July 9, 1952, ch. 608, §§ 240, 241, 66 Stat. 492. In subsection (a), the word “title” is substituted for the word “chapter”. The provisions of this title relating to active duty of reservists are based on the Armed Forces Reserve Act of 1952. The words “shall be considered * * * as if it were” are substituted for the words “shall be counted * * * the same as like”. In subsections (a) and (b), the words “active duty for training” are omitted as covered by the words “active duty”. In subsection (b), the word “kept” is substituted for the words “retained or continued”. The words “pursuant to law” are omitted as surplusage.

Editorial Notes

Amendments

1994—Pub. L. 103–337 renumbered section 683 of this title as this section.

§12315 Reserves: Duty with or Without Pay