U.S. Code
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Title 10
» Subtitle Subtitle E— Reserve Components › Part PART II— PERSONNEL GENERALLY › Chapter CHAPTER 1209— ACTIVE DUTY
10 U.S.C. § 12315
Reserves: duty with or without pay
(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.(Aug. 10, 1956, ch. 1041, 70A Stat. 31, § 683; renumbered § 12315, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)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 NotesAmendments1994—Pub. L. 103–337 renumbered section 683 of this title as this section.
Notes of Decisions
Ass'n of Civilian Technicians v. Fed. Labor Relations Auth., 230 F.3d 377 (D.C. Cir. 2000).
“§ 6323 (d)(1); 10 U.S.C. § 12315 (a). The bargaining proposal put forward by the technicians’ union — the Association of Civilian Technicians, Schenectady Chapter — would govern how the National Guard Bureau informs dual-status technicians of their eligibility to volunteer for…”
Pipes v. United States (Fed. Cl. 2022).
· cites it 4× “According to the plaintiff, the IDT authorized by § 101(d)(7)(B) and 10 U.S.C. § 12315 falls outside the AFMAN’s scope.”
Pipes v. United States, 123 F.4th 1324 (Fed. Cir. 2024).
“250 (emphasis added); see also 10 U.S.C. § 12315 (a) (mandating that “[d]uty without pay shall be considered for all purposes as if it were duty with pay”).”
Pipes v. United States (Fed. Cl. 2020).
“See 10 U.S.C. § 12315 (“Subject to other provisions of this title, any Reserve may be ordered to active duty or other duty .”
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