Title 10Armed ForcesRelease 119-73not60

§20104 Orders to Active Duty: with Consent of Member

Title 10 › Subtitle Subtitle F— Alternative Military Personnel Systems › Part I— SPACE FORCE › Chapter 2003— STATUS AND PARTICIPATION › § 20104

Last updated Apr 3, 2026|Official source

Summary

Space Force members who are in active status but not on sustained duty, or who are in inactive status, can be ordered to active duty or kept on active duty if they agree. That can be done under chapter 1209 sections 12301(d), 12301(h), 12322, and 12323, which cover orders with the member’s consent, orders for medical or health care reasons, active duty for health care, and active duty while a sexual‑assault line‑of‑duty decision is made. When ordered this way, the Space Force member gets the same treatment as a reserve member under chapter 1209 sections 12308, 12309, 12313, 12314, 12315, 12316, 12318, 12320, and 12321. Those sections deal with things like retention after qualifying for retired pay, use of reserve officers, release from active duty, kinds of duty, pay rules, duties and funding, grade for orders, and limits on reserve members in ROTC units.

Full Legal Text

Title 10, §20104

Armed Forces — Source: USLM XML via OLRC

(a)A member of the Space Force who is serving in a space force active status and is not on sustained duty, or who is serving in a space force inactive status, may, with the consent of the member, be ordered to active duty, or retained on active duty, under the following sections of chapter 1209 of this title in the same manner as applies to a member of a reserve component ordered to active duty, or retained on active duty, under that section with the consent of the member:
(1)section 12301(d), relating to orders to active duty at any time with the consent of the member.
(2)section 12301(h), relating to orders to active duty in connection with medical or health care matters.
(3)section 12322, relating to active duty for health care.
(4)section 12323, relating to active duty pending line of duty determination required for response to sexual assault.
(b)The following sections of chapter 1209 of this title pertaining to a member of a reserve component ordered to active duty with the consent of the member apply to a member of the Space Force who is ordered to active duty under this section in the same manner as to such a reserve component member:
(1)section 12308, relating to retention after becoming qualified for retired pay.
(2)section 12309, relating to use of Reserve officers in expansion of armed forces.
(3)section 12313, relating to release of reserve members from active duty.
(4)section 12314, relating to kinds of duty.
(5)section 12315, relating to duty with or without pay.
(6)section 12316, relating to payment of certain Reserves while on duty.
(7)section 12318, relating to duties and funding of reserve members on active duty.
(8)section 12320, relating to grade in which ordered to active duty.
(9)section 12321, relating to a limitation on number of reserve members assigned to Reserve Officer Training Corps units.

Reference

Citations & Metadata

Citation

10 U.S.C. § 20104

Title 10Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60