---
kind: "section"
citation: "10 U.S.C. § 12315"
title: "10"
title_heading: "Armed Forces"
number: "12315"
heading: "Reserves: duty with or without pay"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/12315"
units:
  - "Subtitle E — Reserve Components"
  - "Part II — Personnel Generally"
  - "Chapter 1209 — Active Duty"
---

# §12315. Reserves: duty with or without pay

- (a) Subject to other provisions of this title, any [Reserve](/usc/10/101.md?p=c-6) may be ordered to [active duty](/usc/10/101.md?p=d-1) or other duty—
  - (1) with the [pay](/usc/10/101.md?p=a-15) and allowances provided by law; or
  - (2) with his consent, without [pay](/usc/10/101.md?p=a-15).

  Duty without [pay](/usc/10/101.md?p=a-15) shall be considered for all purposes as if it were duty with [pay](/usc/10/101.md?p=a-15).

- (b) A [Reserve](/usc/10/101.md?p=c-6) who is kept on [active duty](/usc/10/101.md?p=d-1) after his term of service expires is entitled to [pay](/usc/10/101.md?p=a-15) 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](/usc/10/101.md?p=b-1) or when he is otherwise in a non-[pay](/usc/10/101.md?p=a-15) status.

## Source credit

(Aug. 10, 1956, ch. 1041, 70A Stat. 31, § 683; renumbered § 12315, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 683(a)<br>683(b) | 50:971.<br>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.

### Editorial Notes

### Amendments

1994—Pub. L. 103–337 renumbered section 683 of this title as this section.