10 U.S.C. § 12323 — Active duty pending line of duty determination required for response to sexual assault

FEDERAL · 10 U.S.C. · Chapter 1209

Active duty pending line of duty determination required for response to sexual assault

Current through Pub. L. 119-102

Title 10 — Armed Forces·Ch. 1209 — ACTIVE DUTY

(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

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(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.

10 U.S.C. § 12323 (Active duty pending line of duty determination required for response to sexual assault) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Source Credit

History

(Added Pub. L. 112–239, div. A, title V, §571(a), Jan. 2, 2013, 126 Stat. 1753.)

Editorial Notes

Editorial Notes

Amendments
1996—Pub. L. 104–106, div. A, title XV, §1501(b)(18)(A), Feb. 10, 1996, 110 Stat. 497, inserted "the" after "Army and Air National Guard of" in items 12401, 12402, 12403, and 12404.