10 U.S.C. § 10141

Ready Reserve; Standby Reserve; Retired Reserve: placement and status of members; training categories

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(a) There are in each armed force a Ready Reserve, a Standby Reserve, and a Retired Reserve. Each Reserve shall be placed in one of those categories.(b) Reserves who are on the inactive status list of a reserve component, or who are assigned to the inactive Army National Guard or the inactive Air National Guard, are in an inactive status. Members in the Retired Reserve are in a retired status. All other Reserves are in an active status.(c) As prescribed by the Secretary concerned, each reserve component except the Army National Guard of the United States and the Air National Guard of the United States shall be divided into training categories according to the degrees of training, including the number and duration of drills or equivalent duties to be completed in stated periods. The designation of training categories shall be the same for all armed forces and the same within the Ready Reserve and the Standby Reserve.(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2972.)Editorial NotesPrior Provisions

Provisions similar to those in this section were contained in sections 267 and 2001 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A), (3)(A).

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1999–2026 · leading case: United States v. Lane, 64 M.J. 1 (C.A.A.F. 2006).

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United States v. Lane, 64 M.J. 1 (C.A.A.F. 2006). · cites it 2× “9 See 10 U.S.C. §§ 10141 (a), 12301(a), 12306 (2000).”

Kosmo v. United States, 72 Fed. Cl. 46 (Fed. Cl. 2006). · cites it 4× “7 10 U.S.C. § 10141 ; AFR 35-41, Vol. I, Chp.”

Kirwa v. U.S. Dep't of Def., 285 F. Supp. 3d 21 (D.C. Cir. 2017). “" 10 U.S.C. § 10141 . The "Ready Reserve consists of units or Reserves, or both, liable for active duty.”

Spelman v. McHugh, 65 F. Supp. 3d 40 (D.D.C. 2014). · cites it 2× “” 10 U.S.C. § 10141 (a). Plaintiff is a member of the Retired Reserve.”

Morgan v. Mahoney, 50 M.J. 633 (A.F.C.C.A. 1999). · cites it 2× “10 U.S.C. § 10141 (a). “Members in the Retired Reserve are in a retired status.”

Dew v. United States, 192 F.3d 366 (2d Cir. 1999). “See 10 U.S.C. § 10141 (a). The category corresponds to the priority under which members will be called into active duty in time of war or national emergency.”

United States v. Lane, 60 M.J. 781 (A.F.C.C.A. 2004). “10 U.S.C. § 10141 (a). As a Member of Congress, Judge Graham is a “key employee.”

Eligibility of a Retired Army Officer to Be Appointed Inspector Gen. of the Dep't of Def. (OLC 2007). · cites it 2× “See 10 U.S.C. § 10141 (a) (2006) (providing that “[e]ach Reserve shall be placed in one of [the following] categories”—“a Ready Reserve, a Standby Reserve, and a Retired Reserve”); id.”

Kirwa v. United States Dep't of Def. (D.D.C. 2017). “” 10 U.S.C. § 10141 . The “Ready Reserve consists of units or Reserves, or both, liable for active duty.”

In re Hewitt, 565 B.R. 404 (Bankr. S.D. Ill. 2017). “10 U.S.C. § 10141 (a). . In the Joint Stipulation of Facts, the parties calculate the total amount as $69,478.”

Coleman v. Kendall (D.D.C. 2023). “(citing 10 U.S.C. § 10141 ). Time spent in IRR also does not count towards the member’s retirement or promotion clocks.”

Kendall (D. Maryland 2026). “See 10 U.S.C. §§ 10141 , 14301(a). Members who do not get a “participating assignment” after two years on the NNRPS must be reassigned to the ISLRS.”

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