Reserve Component Legislative Overview

Reserve Forces Policy Board Authority (current) TITLE 10 – ARMED FORCES: TITLE 10 USC 10102 – PURPOSE OF THE RESERVE COMPONENT “The purpose of each reserve component is to provide trained units and qualified persons available for active duty in the armed forces, in time of war or national emergency, and at such other times as the national security may require, to fill the needs of the armed forces whenever more units and persons are needed than are in the regular components.”

TITLE 10 U.S.C. 10143 – READY RESERVE: SELECTED RESERVE “Within the Ready Reserve of each of the reserve components there is a Selected Reserve. The Selected Reserve consists of units, and, as designated by the Secretary concerned, of Reserves, trained as prescribed in section 10147 (a)(1) of this title or section 502 (a) of title 32, as appropriate.” Note: Acronym for this category is “SELRES”.

TITLE 10 U.S.C. 10142 – READY RESERVE “The Ready Reserve consists of units or Reserves, or both, liable for active duty as provided in sections 12301 and 12302 of this title. …The authorized strength of the Ready Reserve is 2,900,000.”

TITLE 10 U.S.C. 10144 – READY RESERVE: INDIVIDUAL READY RESERVE “Within the Ready Reserve of each of the reserve components there is an Individual Ready Reserve. The Individual Ready Reserve consists of those members of the Ready Reserve who are not in the Selected Reserve or the inactive National Guard. …as designated by the Secretary concerned, who are subject to being ordered to active duty involuntarily in accordance with section 12304 of this title.” Note: Acronym for this category is “IRR”.

TITLE 10 U.S.C. 10147 – READY RESERVE SERVICE: TRAINING REQUIREMENTS “(a) Except as specifically provided in regulations to be prescribed by the Secretary of Defense, or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, each person who is enlisted, inducted, or appointed in an armed force, and who becomes a member of the Ready Reserve under any provision of law except section 513 or 10145(b) of this title, shall be required, while in the Ready Reserve, to— (1) participate in at least 48 scheduled drills or training periods during each year and serve on active duty for training (ADT) of not less than 14 days (exclusive of travel time) during each year; or (2) serve on active duty for training not more than 30 days during each year. (b) A member who has served on active duty for one year or longer may not be required to perform a period of active duty for training if the first day of that period falls during the last 120 days of the member's required membership in the Ready Reserve.

TITLE 10 U.S.C. 12301(a) - RESERVE COMPONENTS GENERALLY “In time of war or of national emergency declared by Congress… authority designated by the Secretary concerned may, without the consent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of a reserve component under the jurisdiction of that Secretary to active duty for the duration of the war or emergency and for six months thereafter.” TITLE 10 U.S.C. 12301(b) - RESERVE COMPONENTS GENERALLY “…the Secretary concerned may, without the consent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, in an active status in a reserve component under the jurisdiction of that Secretary to active duty for not more than 15 days a year. However, units and members of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the governor of the State…”

TITLE 10 U.S.C. 12301(d) - RESERVE COMPONENTS GENERALLY “… the Secretary concerned may order a member of a reserve component under his jurisdiction to active duty, or retain him on active duty, with the consent of that member. However, a member of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the governor or other appropriate authority of the State concerned.”

TITLE 10 U.S.C. 12302 - READY RESERVE “In time of national emergency declared by the President… the Secretary concerned may, without the consent of the persons concerned, order any unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Reserve under the jurisdiction of that Secretary to active duty for not more than 24 consecutive months.” TITLE 10 U.S.C. 12303 - READY RESERVE: MEMBERS NOT ASSIGNED TO, OR PARTICIPATING SATISFACTORILY IN, UNITS “…the President may order to active duty any member of the Ready Reserve of an armed force… to active duty under this section may be required to serve on active duty until his total service on active duty equals 24 months.”

TITLE 10 U.S.C. 12304 - SELECTED RESERVE AND CERTAIN INDIVIDUAL READY RESERVE MEMBERS; ORDER TO ACTIVE DUTY OTHER THAN DURING WAR OR NATIONAL EMERGENCY “…the President… may authorize the Secretary of Defense and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, without the consent of the members… to serve as a unit of the Selected Reserve, or any member in the Individual Ready Reserve… to active duty for not more than 365 days.”

TITLE 10 U.S.C. 12306 - STANDBY RESERVE “Units and members in the Standby Reserve may be ordered to active duty only as provided in section 12301 of this title, but subject to the limitations in subsection...” TITLE 10 U.S.C. 12307 – RETIRED RESERVE “A member in the Retired Reserve may, if qualified, be ordered to active duty without his consent, but only as provided in section 688 or 12301 (a) of this title.”

TITLE 14 – COAST GUARD: TITLE 14 U. S. C TITLE 14 – COAST GUARD: TITLE 14 U.S.C. 712 – ACTIVE DUTY FOR EMERGENCY AUGMENTATION OF REGULAR FORCES “Notwithstanding another law, and for the emergency augmentation of the Regular Coast Guard forces during a, or to aid in prevention of an imminent, serious natural or manmade disaster, accident, catastrophe, act of terrorism (as defined in section 2(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16))), or transportation security incident as defined in section 70101 of title 46, the Secretary may, without the consent of the member affected, order to active duty of not more than 60 days in any 4-month period and not more than 120 days in any 2-year period an organized training unit of the Coast Guard Ready Reserve, a member thereof, or a member not assigned to a unit organized to serve as a unit.”

TITLE 32 – NATIONAL GUARD: TITLE 32 U.S.C. 102 – GENERAL POLICY “In accordance with the traditional military policy of the United States, it is essential that the strength and organization of the Army National Guard and the Air National Guard as an integral part of the first line defenses of the United States be maintained and assured at all times. Whenever Congress determines that more units and organizations are needed for the national security than are in the regular components of the ground and air forces, the Army National Guard of the United States and the Air National Guard of the United States, or such parts of them as are needed, together with such units of other reserve components as are necessary for a balanced force, shall be ordered to active Federal duty and retained as long as so needed.”

TITLE 10, CHAPTER 1009 RESERVE FORCES POLICY BOARDS AND COMMITTEES   Sec. 10301 Reserve Forces Policy Board 10302 Army Reserve Forces Policy Committee Navy Reserve Policy Board Marine Corps Reserve Policy Board 10305 Air Force Reserve Forces Policy Committee TITLE 14 , CHAPTER 21 703 Coast Guard Reserve Boards

TITLE 37 – PAY AND ALLOWANCES OF THE UNIFORMED SERVICES TITLE 37 U.S.C. 206 – RESERVES; MEMBERS OF THE NATIONAL GUARD: INACTIVE-DUTY TRAINING “The regulations prescribed under subsection (a) for each uniformed service, the National Guard, and each of the classes of organization of the reserve components within each uniformed service, may be different.” Note: The typical number of Inactive-Duty Training (IDT) periods (a regular period of instruction or period of appropriate duty) a member performs per year is 48; which is equivalent to one weekend per month at two periods a day.

ACTIVE DUTY Active Duty for Operational Support – Active Component (ADOS-AC) ADOS-AC normally used in support of existing and emerging requirements of the total force to meet short-term administrative and operational support requirements. Active Duty for Operational Support, Reserve Component (ADOS-RC) ADOS-RC tours usually support study groups, training sites and exercises, short-term projects, or administrative or support functions for the reserve component. ADOS-RC is also used in situations where there is a mission requirement for which no Active Duty members with the requisite skills and experience are reasonably available. Reserve component funded. Extended Active Duty (EAD) EAD is a contractual agreement for a member to serve on active duty typically for periods ranging from one to three years.

RESERVE RETIREMENT National Guard and Reserve service members who complete a minimum of 20 "qualifying" years of service (creditable retirement years) become eligible for retired pay at age 60 (see Note). A qualifying year is a year in which the service member earns at least 50 retirement points. Points are credited on the following basis: - One point for each day of active service (active duty or ADT) - 15 points for each year of membership in a Reserve Component - One point for each period of IDT - One point for each day in which a member is in a funeral honors duty status. - Satisfactory completion of accredited correspondence courses at one point for each three credit hours earned. Note: A law passed in early 2008 allows Reserve and Guard members with 20 or more years to begin drawing retirement benefits before age 60 if they deploy for war or national emergency. Only applies for deployment time served after Jan. 28, 2008.

MONTGOMERY GI BILL FOR SELECTED RESERVE (MGIB-SR) To be eligible you must meet the following criteria: - Have a six-year obligation to serve in the Selected Reserve or Guard - Officer must agree to serve six years in addition to your original obligation. - Complete your initial active duty for training (IADT). - Meet the requirement to receive a high school diploma or equivalency certificate before completing IADT. - Remain in good standing while serving in an active Selected Reserve unit. GI Bill can be used to pay for: - College, business, technical or vocational courses - Distance learning including correspondence courses - Certification tests - Apprenticeship/job training (Veterans and Reserve Only) - Flight training

ADDITIONAL EDUCATIONAL SERVICES College Credit for Service Transition Assistance Scholarship Search School Finder Graduate School Center Dependents' Education Civilian Job Search Mentor Network http://www.military.com/education

UNIFORMED SERVICES EMPLOYMENT AND REMPLOYMENT RIGHTS ACT (USERRA) OF 1994 (USERRA 38 U.S.C. 4301-4335) - USERRA protects civilian job rights and benefits for veterans and members of Reserve components. - USERRA establishes the cumulative length of time that an individual may be absent from work for military duty and retain reemployment rights up to five years - USERRA provides protection for disabled veterans USERRA also requires that service members provide advance written or verbal notice to their employers for all military duty unless giving notice is impossible, unreasonable, or precluded by military necessity. http://www.dol.gov/vets/programs/userra/userra_fs.htm

SERVICEMEMBERS CIVIL RELIEF ACT (SCRA) The SCRA generally provides (among other benefits): protection from default judgments; suspension of judicial and administrative hearings of civil (not criminal) suits against service members; limitations for individuals seeking to enforce civil liabilities of members concerning leases, installment contracts, mortgages, and liens; and - preservation of members' rights with regard to suspension of life insurance premiums, public land rights, taxes, and business obligations. http://www.justice.gov/usao/az/rights/Servicemembers_Civil_Relief_Act.pdf

FAMILY SERVICES - DEPLOYMENT Regardless of which military branch the reservist is serving in, family members can receive services from any military installation. What is available will vary according to installation visited, along with factors of active duty population, and geographical isolation. Many services can be provided via telephone and e-mail which include: Financial Management Assistance Relocation Services Career Resource Center Individual and Family Counseling

FAMILY SUPPORT Legal Preparation Medical Benefits Legal Assistance Commissaries & MWR Family Care Plan Tragedy Assistance Program for Survivors