Mobilization Legal Authority & Relevant
When the President has ordered members of the Selected Reserve and the Individual Ready Reserve to active duty, they will be activated or mobilized according to 10 USC 12301, Reserve Components generally, 10 USC 12302, Ready Reserve, 10 USC 12304, Selected Reserve and certain Individual Ready Reserve members; order to active duty other than during war or national emergency, DOD Directive 1235.10, Activation, Mobilization, and Demobilization of the Ready Reserve, applicable Presidential Executive Orders, Departments of Defense and Army policies, the guidance set forth below, and implementing regulations and instructions.
Statue - Limitations - Factors/Examples
10 USC 12301 - "Full Mobilization"
Declared by Congress:
• In time of war or national emergency
• No limit on numbers of Soldiers call up
• For duration of war + 6 months Includes Selective Service in addition to the full mobilization of all AC and RC members
10 USC 12302 - "Partial Mobilization"
Declared by the President:
• In time of national emergency
• No more than 1,000,000 called up (total force)
• No more than 24 months The national emergency is declared in an Executive Order. The 24-month is tied to the Executive Order. Any campaign tied to the EXORD counts towards the 24-month.
• Example: Executive Order 13223, dated 14 SEP 01 (ties Operation Noble Eagle, Operation Enduring Freedom and Operation Iraqi Freedom together).
10 USC 12304 - "Presidential Reserve Call-up (PRC)"
Determined by the President:
• Augmented the active duty for operational missions
• No more than 200,000 called up (total force)
• No more than 270 days (9 months) Generally used for operations with 'boots on the ground" for no more than 179-days.
• Example: KFOR, SFOR, etc.
*A soldier can only participate one time in a "named" campaign under PRC. A soldier can participate in many PRCs as long as the official campaign name is different each time.
10 USC 12301(d) - Any
volunteers for Active Duty
HQDA ASA (M&RA) may order to AD any member who:
• Volunteers (i.e. must have member's consent)
• With the consent of the Governor or appropriate authority (i.e. the TAG) Examples: COTTADs, COEADs, ADSWs, EADs, TTADs, Medical Retention Processing Unit, UCMJ violators waiting processing in some cases.
Additional Mobilization Authority: Executive Order 13223, Section 1
Provides additional authority to the Department of Defense and the Department of Transportation to respond to the continuing and immediate threat of further attacks on the United States, the authority under Title 10, United States Code, to order any unit, and any member of the Ready Reserve not assigned to a unit organized to serve as a unit, in the Ready Reserve to active duty for not more than 24 consecutive months.