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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 12323 Active duty pending line of duty determination required for response to sexual assault us united_states_code code_section 10 ARMED FORCES 1209 ACTIVE DUTY 12323 10 U.S.C. § 12323 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s12323 data/legal/raw/us/code/title-10/usc10.xml c2a3fbc6f46624ecbaaa9bc0c314ac038d1510fe498c986e766560cba841ba3f 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 9db1dfd4530636e878ea3a840bcbc788d9bc9a7a3c4820f4387089b909c17d14 2026-07-04 official
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10 U.S.C. § 12323 - Active duty pending line of duty determination required for response to sexual assault

Text

(a) Continuation on Active Duty.— In the case of a member of a reserve component who is the alleged victim of sexual assault committed while on active duty and who is expected to be released from active duty before the determination is made regarding whether the member was assaulted while in the line of duty (in this section referred to as a “line of duty determination”), the Secretary concerned, upon the request of the member, may order the member to be retained on active duty until completion of the line of duty determination. A member eligible for continuation on active duty under this subsection shall be informed as soon as practicable after the alleged assault of the option to request continuation on active duty under this subsection.

(b) Return to Active Duty.— In the case of a member of a reserve component not on active duty who is the alleged victim of a sexual assault that occurred while the member was on active duty and when the line of duty determination is not completed, the Secretary concerned, upon the request of the member, may order the member to active duty for such time as necessary for completion of the line of duty determination.

(c) Regulations.— The Secretaries of the military departments shall prescribe regulations to carry out this section, subject to guidelines prescribed by the Secretary of Defense. The guidelines of the Secretary of Defense shall provide that—

(1) a request submitted by a member described in subsection (a) or (b) to continue on active duty, or to be ordered to active duty, respectively, must be decided within 30 days from the date of the request; and

(2) if the request is denied, the member may appeal to the first general officer or flag officer in the chain of command of the member, and in the case of such an appeal a decision on the appeal must be made within 15 days from the date of the appeal.

(Added Pub. L. 112239, div. A, title V, § 571(a), Jan. 2, 2013, 126 Stat. 1753.)