Mobilization Legal Authority & Relevant
Information:
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.