(a) Programs Authorized.—
Each Secretary of a military department may carry out programs under which members of the regular components and members on Active Guard and Reserve duty of the armed forces under the jurisdiction of such Secretary may be inactivated from active service in order to meet personal or professional needs and returned to active service at the end of such period of inactivation from active service.
(b) Period of Inactivation From Active Service; Effect of Inactivation.—
(1)
The period of inactivation from active service under a program under this section of a member participating in the program shall be such period as the Secretary of the military department concerned shall specify in the agreement of the member under subsection (c), except that such period may not exceed three years.
(2)
Any service by a Reserve officer while participating in a program under this section shall be excluded from computation of the total years of service of that officer pursuant to section 14706(a) of this title.
(c) Agreement.—Each member of the armed forces who participates in a program under this section shall enter into a written agreement with the Secretary of the military department concerned under which agreement that member shall agree as follows:
(1)
To accept an appointment or enlist, as applicable, and serve in the Ready Reserve of an armed force during the period of the inactivation of the member from active service under the program.
(2)
To undergo during the period of the inactivation of the member from active service under the program such inactive service training as the Secretary concerned shall require in order to ensure that the member retains proficiency, at a level determined by the Secretary concerned to be sufficient, in the military skills, professional qualifications, and physical readiness of the member during the inactivation of the member from active service.
(d) Conditions of Release.—
The Secretary of Defense shall prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (c). At a minimum, the Secretary shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) of such subsection while the member is released from active service.
(e) Order to Active Service.—
Under regulations prescribed by the Secretary of the military department concerned, a member of the armed forces participating in a program under this section may, in the discretion of such Secretary, be required to terminate participation in the program and be ordered to active service.
(f) Pay and Allowances.—
(1)
During each month of participation in a program under this section, a member who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37 as a member of the uniformed services on active service in the grade and years of service of the member when the member commences participation in the program.
(2)
(A)
A member who participates in a program shall not, while participating in the program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37 that is in force when the member commences participation in the program.
(B)
The inactivation from active service of a member participating in a program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37 that is in force when the member commences participation in the program.
(3)
(A) Subject to subparagraph (B), upon the return of a member to active service after completion by the member of participation in a program—
(i)
any agreement entered into by the member under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program; and
(B)
(C)
A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37.
(4)
(A) Subject to subparagraph (B), a member who participates in a program is entitled, while participating in the program, to the travel and transportation allowances authorized by section 452 of title 37 for—
(5)
A member who participates in a program is entitled to carry forward the leave balance existing as of the day on which the member begins participation and accumulated in accordance with section 701 of this title, but not to exceed 60 days.
(g) Promotion.—
(1)
(B) Upon the return of an officer to active service after completion by the officer of participation in a program—
(2) An enlisted member participating in a program shall not be eligible for consideration for promotion during the period that—
(B)
ends at such time after the return of the member to active service under the program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Secretary of the military department concerned shall prescribe in regulations for purposes of the program.
(h) Continued Entitlements.—A member participating in a program under this section shall, while participating in the program, be treated as a member of the armed forces on active duty for a period of more than 30 days for purposes of—
(1)
the entitlement of the member and of the dependents of the member to medical and dental care under the provisions of chapter 55 of this title;
(3)
the entitlement of the member and of the survivors of the member to all death benefits under the provisions of chapter 75 of this title;
(4)
the provision of all travel and transportation allowances for the survivors of deceased members to attend burial ceremonies under section 453(f) of title 37; and
(Added Pub. L. 115–232, div. A, title V, § 551(a), Aug. 13, 2018, 132 Stat. 1766; amended Pub. L. 116–92, div. A, title VI, § 602, Dec. 20, 2019, 133 Stat. 1423; Pub. L. 116–283, div. A, title IX, § 924(b)(18), Jan. 1, 2021, 134 Stat. 3823; Pub. L. 117–81, div. A, title V, § 521, Dec. 27, 2021, 135 Stat. 1686; Pub. L. 117–263, div. A, title VI, § 626(c)(1), Dec. 23, 2022, 136 Stat. 2628.)