10 USC § 12320 - Reserve officers: grade in which ordered to active duty

---
identifier: "/us/usc/t10/s12320"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 12320 - Reserve officers: grade in which ordered to active duty"
title_number: 10
title_name: "ARMED FORCES"
section_number: "12320"
section_name: "Reserve officers: grade in which ordered to active duty"
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: "(Added Pub. L. 96–513, title I, § 106, Dec. 12, 1980, 94 Stat. 2868, § 689; amended Pub. L. 97–22, § 4(g), July 10, 1981, 95 Stat. 127; renumbered § 12320 and amended Pub. L. 103–337, div. A, title XVI, §§ 1625, 1662(e)(2), 1675(c)(11), Oct. 5, 1994, 108 Stat. 2962, 2992, 3018; Pub. L. 104–106, div. A, title XV, § 1501(a)(2), Feb. 10, 1996, 110 Stat. 495.)"
---


# § 12320. Reserve officers: grade in which ordered to active duty

section 12207 of this title

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  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.

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

## Editorial Notes

### Amendments

1996— made technical correction to directory language of . See 1994 Amendment note below.

1994—, substituted “12207” for “3353, 5600, or 8353”.

, renumbered  as this section.

, as amended by , 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— 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.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1996 Amendment

Amendment by  effective as if included in the Reserve Officer Personnel Management Act, title XVI of , as enacted on , see , set out as a note under .

### Effective Date of 1994 Amendment

Amendment by sections 1662(e)(2) and 1675(c)(11) of  effective , except as otherwise provided, and amendment by  effective , see , set out as an Effective Date note under .

### Effective Date

Section effective , but the authority to prescribe regulations under this section effective on , see , set out as an Effective Date of 1980 Amendment note under .