10 USC § 12309 - Reserve officers: use of in expansion of armed forces

---
identifier: "/us/usc/t10/s12309"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 12309 - Reserve officers: use of in expansion of armed forces"
title_number: 10
title_name: "ARMED FORCES"
section_number: "12309"
section_name: "Reserve officers: use of in expansion of armed forces"
chapter_number: 1209
chapter_name: "ACTIVE DUTY"
part_number: "II"
part_name: "PERSONNEL GENERALLY"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 10, 1956, ch. 1041, 70A Stat. 29, § 677; renumbered § 12309, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)"
---


# § 12309. Reserve officers: use of in expansion of armed forces

When an expansion of the active armed forces requires that officers of the reserve components who are not members of units organized to serve as such be ordered as individuals to active duty (other than for training) without their consent, the services of qualified and available reserve officers in all grades shall be used, so far as practicable, according to the needs of the branches, grades, or specialties concerned.

---

**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 29, § 677; renumbered § 12309, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 677 | 50:961(f). | July 9, 1952, ch. 608, § 233(f), 66 Stat. 490. |

The words “without their consent” are substituted for the word “involuntarily”. The words “it shall be the policy” are omitted as surplusage. The words “to active duty (other than for training)” are substituted for the words “into the active military service”.

## Editorial Notes

### Amendments

1994— renumbered  as this section.