
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12320]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
                        CHAPTER 1209--ACTIVE DUTY
 
Sec. 12320. Reserve officers: grade in which ordered to active 
        duty
        
    A reserve officer who is ordered to active duty or full-time 
National Guard duty shall be ordered to active duty or full-time 
National Guard duty in his reserve grade, except that a reserve officer 
who is credited with service under section 12207 of this title and is 
ordered to active duty and placed on the active-duty list may be ordered 
to active duty in a reserve grade and with a date of rank and position 
on the active-duty list determined under regulations prescribed by the 
Secretary of Defense based upon the amount of service credited.

(Added Pub. L. 96-513, title I, Sec. 106, Dec. 12, 1980, 94 Stat. 2868, 
Sec. 689; amended Pub. L. 97-22, Sec. 4(g), July 10, 1981, 95 Stat. 127; 
renumbered Sec. 12320 and amended Pub. L. 103-337, div. A, title XVI, 
Secs. 1625, 1662(e)(2), 1675(c)(11), Oct. 5, 1994, 108 Stat. 2962, 2992, 
3018; Pub. L. 104-106, div. A, title XV, Sec. 1501(a)(2), Feb. 10, 1996, 
110 Stat. 495.)


                               Amendments

    1996--Pub. L. 104-106 made technical correction to directory 
language of Pub. L. 103-337, Sec. 1625. See 1994 Amendment note below.
    1994--Pub. L. 103-337, Sec. 1675(c)(11), substituted ``12207'' for 
``3353, 5600, or 8353''.
    Pub. L. 103-337, Sec. 1662(e)(2), renumbered section 689 of this 
title as this section.
    Pub. L. 103-337, Sec. 1625, as amended by Pub. L. 104-106, inserted 
``or full-time National Guard duty'' after ``who is ordered to active 
duty'' and after ``shall be ordered to active duty'' and inserted ``and 
placed on the active-duty list'' after ``and is ordered to active 
duty''.
    1981--Pub. L. 97-22 inserted provision relating to a reserve officer 
who is credited with service under section 3353, 5600, or 8353 of this 
title and is ordered to active duty.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective as if included in the Reserve 
Officer Personnel Management Act, title XVI of Pub. L. 103-337, as 
enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set 
out as a note under section 113 of this title.


                    Effective Date of 1994 Amendment

    Amendment by sections 1662(e)(2) and 1675(c)(11) of Pub. L. 103-337 
effective Dec. 1, 1994, except as otherwise provided, and amendment by 
section 1625 of Pub. L. 103-337 effective Oct. 1, 1996, see section 1691 
of Pub. L. 103-337, set out as an Effective Date note under section 
10001 of this title.


                             Effective Date

    Section effective Sept. 15, 1981, but the authority to prescribe 
regulations under this section effective on Dec. 12, 1980, see section 
701 of Pub. L. 96-513, set out as an Effective Date of 1980 Amendment 
note under section 101 of this title.
