10 U.S.C. § 101
Section 101 · Definitions
Current version, with additions and removals from the December 22, 2023 version.
The following definitions relating to military personnel apply in this title:
The term “officer” means a commissioned or warrant officer.
The term “commissioned officer” includes a commissioned warrant officer.
The term “warrant officer” means a person who holds a commission or warrant in a warrant officer grade.
The term “general officer” means an officer of the Army, Air Force, Marine Corps, or Space Force serving in or having the grade of general, lieutenant general, major general, or brigadier general.
The term “flag officer” means an officer of the Navy or Coast Guard serving in or having the grade of admiral, vice admiral, rear admiral, or rear admiral (lower half).
The term “enlisted member” means a person in an enlisted grade.
The term “grade” means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
The term “rank” means the order of precedence among members of the armed forces.
The term “rating” means the name (such as “boatswain’s mate”) prescribed for members of an armed force in an occupational field. The term “rate” means the name (such as “chief boatswain’s mate”) prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice).
The term “original”, with respect to the appointment of a member of the armed forces in a regular or reserve component, refers to that member’s most recent appointment in that component that is neither a promotion nor a demotion and, with respect to the appointment of a member of the armed forces in the Space Force, refers to that member’s most recent appointment in the Space Force that is neither a promotion nor a demotion.
The term “authorized strength” means the largest number of members authorized to be in an armed force, a component, a branch, a grade, or any other category of the armed forces.
The term “regular”, with respect to an enlistment, appointment, grade, or office, means enlistment, appointment, grade, or office in a regular component of an armed force.
The term “active-duty list” means a single list for the Army, Navy, Air Force, Marine Corps, or Space Force (required to be maintained under section 620 of this title) which contains the names of all officers of that armed force, other than officers described in section 641 of this title, who are serving on active duty.
The term “medical officer” means an officer of the Medical Corps of the Army, an officer of the Medical Corps of the Navy, or an officer in the Air Force designated as a medical officer.
The term “dental officer” means an officer of the Dental Corps of the Army, an officer of the Dental Corps of the Navy, or an officer of the Air Force designated as a dental officer.
The term “Active Guard and Reserve” means a member of a reserve component who is on active duty pursuant to section 12301(d) of this title or, if a member of the Army National Guard or Air National Guard, is on full-time National Guard duty pursuant to section 502(f) of title 32, and who is performing Active Guard and Reserve duty.
The following definitions relating to military personnel apply in this title:
The term “officer” means a commissioned or warrant officer.
The term “commissioned officer” includes a commissioned warrant officer.
The term “warrant officer” means a person who holds a commission or warrant in a warrant officer grade.
The term “general officer” means an officer of the Army, Air Force, Marine Corps, or Space Force serving in or having the grade of general, lieutenant general, major general, or brigadier general.
The term “flag officer” means an officer of the Navy or Coast Guard serving in or having the grade of admiral, vice admiral, rear admiral, or rear admiral (lower half).
The term “enlisted member” means a person in an enlisted grade.
The term “grade” means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
The term “rank” means the order of precedence among members of the armed forces.
The term “rating” means the name (such as “boatswain’s mate”) prescribed for members of an armed force in an occupational field. The term “rate” means the name (such as “chief boatswain’s mate”) prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice).
The term “original”, with respect to the appointment of a member of the armed forces in a regular or reserve component, refers to that member’s most recent appointment in that component that is neither a promotion nor a demotion and, with respect to the appointment of a member of the armed forces in the Space Force, refers to that member’s most recent appointment in the Space Force that is neither a promotion nor a demotion.
The term “authorized strength” means the largest number of members authorized to be in an armed force, a component, a branch, a grade, or any other category of the armed forces.
The term “regular”, with respect to an enlistment, appointment, grade, or office, means enlistment, appointment, grade, or office in a regular component of an armed force.
The term “active-duty list” means a single list for the Army, Navy, Air Force, Marine Corps, or Space Force (required to be maintained under section 620 of this title) which contains the names of all officers of that armed force, other than officers described in section 641 of this title, who are serving on active duty.
The term “medical officer” means an officer of the Medical Corps of the Army, an officer of the Medical Corps of the Navy, or an officer in the Air Force designated as a medical officer.
The term “dental officer” means an officer of the Dental Corps of the Army, an officer of the Dental Corps of the Navy, or an officer of the Air Force designated as a dental officer.
The term “Active Guard and Reserve” means a member of a reserve component who is on active duty pursuant to section 12301(d) of this title or, if a member of the Army National Guard or Air National Guard, is on full-time National Guard duty pursuant to section 502(f) of title 32, and who is performing Active Guard and Reserve duty.
The following definitions relating to the reserve components apply in this title:
The term “National Guard” means the Army National Guard and the Air National Guard.
The term “Army National Guard” means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that—
is a land force;
is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;
is organized, armed, and equipped wholly or partly at Federal expense; and
is federally recognized.
The term “Army National Guard of the United States” means the reserve component of the Army all of whose members are members of the Army National Guard.
The term “Air National Guard” means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that—
is an air force;
is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;
is organized, armed, and equipped wholly or partly at Federal expense; and
is federally recognized.
The term “Air National Guard of the United States” means the reserve component of the Air Force all of whose members are members of the Air National Guard.
The term “reserve”, with respect to an enlistment, appointment, grade, or office, means enlistment, appointment, grade, or office held as a Reserve of one of the armed forces.
The term “reserve active-status list” means a single list for the Army, Navy, Air Force, or Marine Corps (required to be maintained under section 14002 of this title) that contains the names of all officers of that armed force except warrant officers (including commissioned warrant officers) who are in an active status in a reserve component of the Army, Navy, Air Force, or Marine Corps and are not on an active-duty list.
The following definitions relating to the reserve components apply in this title:
The term “National Guard” means the Army National Guard and the Air National Guard.
The term “Army National Guard” means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that—
is a land force;
is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;
is organized, armed, and equipped wholly or partly at Federal expense; and
is federally recognized.
The term “Army National Guard of the United States” means the reserve component of the Army all of whose members are members of the Army National Guard.
The term “Air National Guard” means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that—
is an air force;
is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;
is organized, armed, and equipped wholly or partly at Federal expense; and
is federally recognized.
The term “Air National Guard of the United States” means the reserve component of the Air Force all of whose members are members of the Air National Guard.
The term “reserve”, with respect to an enlistment, appointment, grade, or office, means enlistment, appointment, grade, or office held as a Reserve of one of the armed forces.
The term “reserve active-status list” means a single list for the Army, Navy, Air Force, or Marine Corps (required to be maintained under section 14002 of this title) that contains the names of all officers of that armed force except warrant officers (including commissioned warrant officers) who are in an active status in a reserve component of the Army, Navy, Air Force, or Marine Corps and are not on an active-duty list.
The following definitions relating to duty status apply in this title:
The term “active duty” means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, 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. Such term does not include full-time National Guard duty.
The term “active duty for a period of more than 30 days” means active duty under a call or order that does not specify a period of 30 days or less.
The term “active service” means service on active duty or full-time National Guard duty.
The term “active status” means the status of a member of a reserve component who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.
The term “full-time National Guard duty” means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member’s status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of title 32 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.
The term “active Guard and Reserve duty” means active duty performed by a member of a reserve component of the Army, Navy, Air Force, or Marine Corps, or full-time National Guard duty performed by a member of the National Guard pursuant to an order to full-time National Guard duty, for a period of 180 consecutive days or more for the purpose of organizing, administering, recruiting, instructing, or training the reserve components.
Such term does not include the following:
Duty performed as a member of the Reserve Forces Policy Board provided for under section 10301 of this title.
Duty performed as a property and fiscal officer under section 708 of title 32.
Duty performed for the purpose of interdiction and counter-drug activities for which funds have been provided under section 112 of title 32.
Duty performed as a general or flag officer.
Service as a State director of the Selective Service System under section 10(b)(2) of the Military Selective Service Act (50 U.S.C. 3809(b)(2)).
The term “inactive-duty training” means—
duty prescribed for Reserves, or a member of the Space Force, by the Secretary concerned under section 206 of title 37 or any other provision of law; and
special additional duties authorized for Reserves, or a member of the Space Force, by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned.
Such term includes those duties when performed by Reserves in their status as members of the National Guard.
The following definitions relating to duty status apply in this title:
The term “active duty” means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, 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. Such term does not include full-time National Guard duty.
The term “active duty for a period of more than 30 days” means active duty under a call or order that does not specify a period of 30 days or less.
The term “active service” means service on active duty or full-time National Guard duty.
The term “active status” means the status of a member of a reserve component who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.
The term “full-time National Guard duty” means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member’s status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of title 32 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.
The term “active Guard and Reserve duty” means active duty performed by a member of a reserve component of the Army, Navy, Air Force, or Marine Corps, or full-time National Guard duty performed by a member of the National Guard pursuant to an order to full-time National Guard duty, for a period of 180 consecutive days or more for the purpose of organizing, administering, recruiting, instructing, or training the reserve components.
Such term does not include the following:
Duty performed as a member of the Reserve Forces Policy Board provided for under section 10301 of this title.
Duty performed as a property and fiscal officer under section 708 of title 32.
Duty performed for the purpose of interdiction and counter-drug activities for which funds have been provided under section 112 of title 32.
Duty performed as a general or flag officer.
Service as a State director of the Selective Service System under section 10(b)(2) of the Military Selective Service Act (50 U.S.C. 3809(b)(2)).
The term “inactive-duty training” means—
duty prescribed for Reserves, or a member of the Space Force, by the Secretary concerned under section 206 of title 37 or any other provision of law; and
special additional duties authorized for Reserves, or a member of the Space Force, by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned.
Such term includes those duties when performed by Reserves in their status as members of the National Guard.
The following definitions relating to members of the Space Force apply in this title:
The term “space force active status” means the status of a member of the Space Force who is not in a space force inactive status and is not retired.
The term “space force inactive status” means the status of a member of the Space Force who is designated by the Secretary of the Air Force, under regulations prescribed by the Secretary, as being in a space force inactive status.
The term “space force retired status” means the status of a member of the Space Force who—
is receiving retired pay ; or
but for being under the eligibility age applicable under section 12731 of this title, would be eligible for retired pay under chapter 1223 of this title.
The term “sustained duty” means full-time duty by a member of the Space Force ordered to such duty by an authority designated by the Secretary of the Air Force—
in the case of an officer—
to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law; or
with the consent of the officer; and
in the case of an enlisted member, with the consent of the enlisted member as specified in the terms of the member’s enlistment or reenlistment agreement.
The following definitions relating to members of the Space Force apply in this title:
The term “space force active status” means the status of a member of the Space Force who is not in a space force inactive status and is not retired.
The term “space force inactive status” means the status of a member of the Space Force who is designated by the Secretary of the Air Force, under regulations prescribed by the Secretary, as being in a space force inactive status.
The term “space force retired status” means the status of a member of the Space Force who—
is receiving retired pay ; or
but for being under the eligibility age applicable under section 12731 of this title, would be eligible for retired pay under chapter 1223 of this title.
The term “sustained duty” means full-time duty by a member of the Space Force ordered to such duty by an authority designated by the Secretary of the Air Force—
in the case of an officer—
to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law; or
with the consent of the officer; and
in the case of an enlisted member, with the consent of the enlisted member as specified in the terms of the member’s enlistment or reenlistment agreement.
In this title—
“shall” is used in an imperative sense;
“may” is used in a permissive sense;
“no person may * * *” means that no person is required, authorized, or permitted to do the act prescribed;
“includes” means “includes but is not limited to”; and
“spouse” means husband or wife, as the case may be.
In this title—
“shall” is used in an imperative sense;
“may” is used in a permissive sense;
“no person may * * *” means that no person is required, authorized, or permitted to do the act prescribed;
“includes” means “includes but is not limited to”; and
“spouse” means husband or wife, as the case may be.
For other definitions applicable to this title, see sections 1 through 5 of title 1.
For other definitions applicable to this title, see sections 1 through 5 of title 1.