50 U.S.C. § 3917

Extension of rights and protections to reserves ordered to report for military service and to persons ordered to report for induction

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(a) Reserves ordered to report for military service

A member of a reserve component who is ordered to report for military service is entitled to the rights and protections of this subchapter and subchapters II and III during the period beginning on the date of the member’s receipt of the order and ending on the date on which the member reports for military service (or, if the order is revoked before the member so reports, or the date on which the order is revoked).

(b) Persons ordered to report for induction

A person who has been ordered to report for induction under the Military Selective Service Act [50 U.S.C. 3801 et seq.] is entitled to the rights and protections provided a servicemember under this subchapter and subchapters II and III during the period beginning on the date of receipt of the order for induction and ending on the date on which the person reports for induction (or, if the order to report for induction is revoked before the date on which the person reports for induction, on the date on which the order is revoked).

The provisions of subsection (a) apply to a member of the Space Force who is ordered to report for military service in the same manner as to a member of a reserve component who is ordered to report for military service.

(Oct. 17, 1940, ch. 888, title I, § 106, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2839; amended Pub. L. 118–31, div. A, title XVII, § 1742(c)(2), Dec. 22, 2023, 137 Stat. 681.)Termination of Induction for Training and Service

For provisions relating to termination of induction for training and service in the Armed Forces after July 1, 1973, see section 3815(c) of this title.

Editorial NotesReferences in Text

The Military Selective Service Act, referred to in subsec. (b), is act June 24, 1948, ch. 625, 62 Stat. 604. For complete classification of this Act to the Code, see References in Text note set out under section 3801 of this title and Tables.

Codification

Section was formerly classified to section 516 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 106 of act Oct. 17, 1940, ch. 888, art. I, as added Oct. 6, 1942, ch. 581, § 4, 56 Stat. 770; amended Pub. L. 102–12, § 9(5), Mar. 18, 1991, 105 Stat. 39, related to extension of benefits to persons ordered to report for induction or military service, prior to the general amendment of this Act by Pub. L. 108–189.

Amendments

2023—Subsec. (c). Pub. L. 118–31 added subsec. (c).

Statutory Notes and Related SubsidiariesEffective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2024–2026 · leading case: Selwyn Sanderson v. United States Postal Serv. (MSPB 2024).

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Selwyn Sanderson v. United States Postal Serv. (MSPB 2024). “” 50 U.S.C. § 3917 (a); Brown, 106 M.S.P.R.”

Roybal v. Raulli (N.C. Ct. App. 2026). “50 U.S.C.A. § 3917 (a). - 33 - ROYBAL V. RAULLI Opinion of the Court annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned.”

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