10 U.S.C. § 12315
Section 12315 · Reserves: duty with or without pay
Amended 2 times on record
Applied in 3 court decisions — leading case Ass'n of Civilian Technicians v. Federal Labor Relations Authority (2000)
Most recently applied in Pipes v. United States (December 2024)
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
683(b) 50:971.50:972. July 9, 1952, ch. 608, §§240, 241, 66 Stat. 492. 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.
Amendments
1994—Pub. L. 103–337 renumbered section 683 of this title as this section.
Cross References
Pay and allowances, see section 101 et seq. of Title 37, Pay and Allowances of the Uniformed Services.