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.
Structure US Code
Subtitle E— Reserve Components
§ 12301. Reserve components generally
§ 12303. Ready Reserve: members not assigned to, or participating satisfactorily in, units
§ 12308. Retention after becoming qualified for retired pay
§ 12309. Reserve officers: use of in expansion of armed forces
§ 12310. Reserves: for organizing, administering, etc., reserve components
§ 12311. Active duty agreements
§ 12312. Active duty agreements: release from duty
§ 12313. Reserves: release from active duty
§ 12314. Reserves: kinds of duty
§ 12315. Reserves: duty with or without pay
§ 12316. Payment of certain Reserves while on duty
§ 12317. Reserves: theological students; limitations
§ 12318. Reserves on active duty: duties; funding
§ 12319. Ready Reserve: muster duty
§ 12320. Reserve officers: grade in which ordered to active duty
§ 12321. Reserve Officer Training Corps units: limitation on number of Reserves assigned
§ 12322. Active duty for health care
§ 12323. Active duty pending line of duty determination required for response to sexual assault