U.S. Code » Title 10 » Subtitle Subtitle E— Reserve Components › Part PART I— ORGANIZATION AND ADMINISTRATION › Chapter CHAPTER 1005— ELEMENTS OF RESERVE COMPONENTS

10 U.S.C. § 10147

Ready Reserve: training requirements

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(a) Except as specifically provided in regulations to be prescribed by the Secretary of Defense, or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, each person who is enlisted, inducted, or appointed in an armed force, and who becomes a member of the Ready Reserve under any provision of law except section 513 or 10145(b) of this title, shall be required, while in the Ready Reserve, to—(1) participate in at least 48 scheduled drills or training periods during each year and serve on active duty for training of not less than 14 days (exclusive of traveltime) during each year; or(2) serve on active duty for training not more than 30 days during each year.(b) A member who has served on active duty for one year or longer may not be required to perform a period of active duty for training if the first day of that period falls during the last 120 days of the member’s required membership in the Ready Reserve.(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2973; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)Editorial NotesPrior Provisions

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

Amendments

2002—Subsec. (a). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in introductory provisions.

Statutory Notes and Related SubsidiariesEffective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

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)(A), Oct. 5, 1994, 108 Stat. 2980, provided that: “Section 10147(a) [10 U.S.C. 10147(a)], as added by paragraph (1), applies only to persons who were inducted, enlisted, or appointed in an armed force after August 9, 1955.”

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1997–2022 · leading case: Colonel David W. Palmer, II v. United States, 168 F.3d 1310 (Fed. Cir. 1999).
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Colonel David W. Palmer, II v. United States, 168 F.3d 1310 (Fed. Cir. 1999). “§ 270 (a)(1) (1988) (recodified at 10 U.S.C. § 10147 (a)(1) (1994)). In addition, Reservists in a pay billet typically perform a period of active duty for training each year, usually of two weeks duration.”
United States v. Phillips, 56 M.J. 843 (A.F.C.C.A. 2002). · cites it 4× “She was called to active duty, pursuant to 10 U.S.C. § 10147 (a)(1), in order to fulfill the requirement that members of the Ready Reserve “serve on active duty for training of not less than 14 days (exclusive of travel time) during each year.”
Warren v. Int'l Bus. MacHines Corp., 358 F. Supp. 2d 301 (S.D.N.Y. 2005). “” See 10 U.S.C. § 10147 ; see also 10 U.S.C. § 10145 .”
Palmer v. United States, 38 Fed. Cl. 316 (Fed. Cl. 1997). “§ 270 (a) — now 10 U.S.C. § 10147 . The pay authorization for plaintiffs 13-day ADT in August 1987 is 37 U.”
Scarseth v. United States, 46 Fed. Cl. 406 (Fed. Cl. 2000). “§ 270 (a)(1) (1988) (recodified at 10 U.S.C. § 10147 (a)(1) (1994)). In addition, Reservists in a pay billet typically perform a period of active duty for training each year, usually of two weeks duration.”
Heim v. United States, 50 Fed. Cl. 225 (Fed. Cl. 2001). “§ 270 (a)(1) (1988) (recodified at 10 U.S.C. § 10147 (a)(1) (1994)). In addition, Reservists in a pay billet typically perform a period of active duty for training each year, usually of two weeks duration.”
Hammack v. N.M. Taxation & Revenue Dep't (N.M. Ct. App. 2017). “§ 502 (2012), and the participation in scheduled drills or training 18 periods, or service on active duty for training by a member of the Armed Forces 19 Ready Reserve under 10 U.S.C. § 10147 (2012). See 5 U.S.C. § 5517 (d)(1), (2); 10 10 1 U.”
Hilaire v. United States (Fed. Cl. 2022). “First, it is beyond debate that the pre-drill calls are not periods of “regular instruction” because the Marines define the regular instruction periods as the 48 periods of instruction and 14 days of active-duty training per year required by 10 U.S.C. § 10147 (a)(1). See MCRAMM…”
Whether Reservists Who Otherwise Qualify for Leave Under Both 5 U.S.C. § 6323(a) & 5 U.S.C. § 6323(b) Must Exhaust Available Leave Under Section 6323(b) Before Taking Leave Under Section 6323(a) (OLC 2012). “Thus, reservists may use section 6323(a) leave for both annual training exercises, see 10 U.S.C. § 10147 (2006); 32 U.S.C. § 502 (2006), and active duty, which generally includes all “full-time duty in the active military service of the United States,” 10 U.”
Whether Reservists Must Exhaust Available Leave Under 5 U.S.C. § 6323(b) Before Taking Leave Under 5 U.S.C. § 6323(a) (OLC 2012). “Thus, reservists may use section 6323(a) leave for both annual training exercises, see 10 U.S.C. § 10147 (2006); 32 U.S.C. § 502 (2006), and active duty, which generally in- cludes all “full-time duty in the active military service of the United States,” 10 U.”
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