US (United States) Code. Title 10. Subtitle B. Part II. Chapter 333: Enlistments

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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10 USC CHAPTER 333 - ENLISTMENTS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 333 - ENLISTMENTS

.

-HEAD-

CHAPTER 333 - ENLISTMENTS

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Sec.

3251. Definition.

(3252. Repealed.)

3253. Army: persons not qualified.

(3254 to 3256. Repealed.)

3258. Regular Army: reenlistment after service as an officer.

(3259 to 3261. Repealed.)

3262. Army: percentage of high-school graduates.

(3263, 3264. Repealed.)

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title V, Sec. 531(c), Dec. 2,

2002, 116 Stat. 2544, struck out item 3264 ''18-month enlistment

pilot program''.

2001 - Pub. L. 107-107, div. A, title V, Sec. 541(a)(2), Dec.

28, 2001, 115 Stat. 1110, added item 3264.

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1672(b)(3), Oct.

5, 1994, 108 Stat. 3015, struck out items 3259 ''Army Reserve:

transfer from Army National Guard of United States'', 3260 ''Army

Reserve: transfer to upon withdrawal as member of Army National

Guard'', and 3261 ''Army National Guard of United States''.

1986 - Pub. L. 99-661, div. A, title IV, Sec. 402(b), Nov. 14,

1986, 100 Stat. 3859, added item 3262.

1968 - Pub. L. 90-235, Sec. 2(a)(2)(C), Jan. 2, 1968, 81 Stat.

756, struck out item 3252 ''Temporary enlistments'', item 3254

''Army: during war or emergency'', item 3255 ''Regular Army:

recruiting campaigns'', item 3256 ''Regular Army: qualifications,

term, grade'', item 3262 ''Extension of enlistment for members

needing medical care or hospitalization'', and item 3263

''Voluntary extension of enlistment''.

1958 - Pub. L. 85-861, Sec. 1(71)(C), Sept. 2, 1958, 72 Stat.

1465, added item 3263.

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10 USC Sec. 3251 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 333 - ENLISTMENTS

-HEAD-

Sec. 3251. Definition

-STATUTE-

In this chapter, the term ''enlistment'' means original

enlistment or reenlistment.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 177; Pub. L. 100-180, div. A,

title XII, Sec. 1231(19)(A), Dec. 4, 1987, 101 Stat. 1161.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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3251 (No source). (No source).

-------------------------------

The revised section is inserted for clarity.

AMENDMENTS

1987 - Pub. L. 100-180 inserted '', the term'' after ''In this

chapter''.

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10 USC Sec. 3252 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 333 - ENLISTMENTS

-HEAD-

(Sec. 3252. Repealed. Pub. L. 90-235, Sec. 2(a)(2)(B), Jan. 2,

1968, 81 Stat. 756)

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Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 177, provided

that temporary enlistments could be made only in the Army without

specification of component.

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10 USC Sec. 3253 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 333 - ENLISTMENTS

-HEAD-

Sec. 3253. Army: persons not qualified

-STATUTE-

In time of peace, no person may be accepted for original

enlistment in the Army unless he is a citizen of the United States

or has been lawfully admitted to the United States for permanent

residence under the applicable provisions of the Immigration and

Nationality Act (8 U.S.C. 1101 et seq.).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 177; Pub. L. 87-143, Sec. 1(1),

Aug. 17, 1961, 75 Stat. 364; Pub. L. 90-235, Sec. 2(a)(2)(A), Jan.

2, 1968, 81 Stat. 756; Pub. L. 96-513, title V, Sec. 512(3), Dec.

12, 1980, 94 Stat. 2929.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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3253(a) 3253(b) 10:622. 10:623. R.S. 1118; Feb. 27,

3253(c) 10:624. 10:625. 1877, ch. 69 (17th

par.), 19 Stat.

242; July 29, 1941,

ch. 325, 55 Stat.

606.

R.S. 1998; restated

Aug. 22, 1912, ch.

336, Sec. 1, 37

Stat. 356; Oct. 14,

1940, ch. 876, Sec.

504 (9th clause),

54 Stat. 1172.

Aug. 1, 1894, ch.

179, Sec. 2, 28

Stat. 216; June 14,

1920, ch. 286, 41

Stat. 1077.

-------------------------------

In subsection (a), the words ''an armed force'' are substituted

for the words ''the military service of the United States''. The

words ''and no person'' are omitted as surplusage. The last

sentence is substituted for 10:622 (proviso). The words ''by

regulations or otherwise'' are omitted, since the Secretary has

inherent authority to issue regulations appropriate to exercising

his statutory functions. Since the authority to enlist deserters

''in meritorious cases'', granted to the Secretary by 10:622, is

equivalent to or broader than his authority to do so under 10:624,

the applicability of 10:624 to 10:622 is omitted as surplusage.

In subsection (b), the word ''soldier'', in 10:623, is omitted as

covered by the word ''person''. The last sentence is substituted

for 10:624.

In subsections (b) and (c), the first 15 words and the proviso of

section 2 of the Act of August 1, 1894, ch. 179, 28 Stat. 216, are

not contained in 10:623 or 625. They are also omitted from the

revised section, since the first 15 words are superseded by section

3256(a) of this title, and the proviso is executed.

In subsection (c), the words ''(except an Indian)'', in section 2

of the Act of August 1, 1894, ch. 179, 28 Stat. 216, are not

contained in 10:625. They are also omitted from the revised

section, since section 201(b) of the Act of October 14, 1940, ch.

876, 54 Stat. 1138 (8 U.S.C. 601), provides that Indians are

citizens and nationals of the United States. The words ''may be

accepted for original'' are substituted for the words ''shall be

enlisted for the first''.

-REFTEXT-

REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in text, is act

June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is

classified principally to chapter 12 (Sec. 1101 et seq.) of Title

8, Aliens and Nationality. For complete classification of this Act

to the Code, see Short Title note set out under section 1101 of

Title 8 and Tables.

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AMENDMENTS

1980 - Pub. L. 96-513 substituted ''Immigration and Nationality

Act (8 U.S.C. 1101 et seq.)'' for ''chapter 12 of title 8''.

1968 - Pub. L. 90-235 struck out provisions formerly set out as

subsec. (a) disqualifying insane persons, intoxicated persons,

deserters and convicted felons from Army service, and provisions

formerly set out as subsec. (b) disqualifying from reenlistment in

the Army persons whose service during their last term of enlistment

was not honest and faithful, and redesignated as entire section

provisions formerly set out as subsec. (c).

1961 - Subsec. (c). Pub. L. 87-143 substituted ''a citizen of the

United States or has been lawfully admitted to the United States

for permanent residence under the applicable provisions of chapter

12 of title 8'' for '', or has made a legal declaration of

intention to become, a citizen of the United States''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

ENLISTMENT OF CITIZENS OF NORTHERN MARIANA ISLANDS IN ARMED FORCES

OF UNITED STATES; TERMINATION OF PERIOD WITHIN WHICH TO ENLIST

Pub. L. 96-351, Sept. 15, 1980, 94 Stat. 1161, which authorized,

notwithstanding the provisions of sections 3253 and 8253 of this

title and in accordance with a Covenant to Establish a Commonwealth

of the Northern Mariana Islands in Political Union with the United

States of America, approved on Mar. 24, 1976, by Pub. L. 94-241, 48

U.S.C. 1801 note, a citizen of the Northern Mariana Islands who

indicated in writing to a commissioned officer of the Armed Forces

of the United States an intent to become a citizen, and not a

national, of the United States upon full implementation of such

Covenant, and who was otherwise qualified for military service

under applicable laws and regulations, could enlist in the Armed

Forces, expired Nov. 3, 1986, upon establishment of the

Commonwealth of the Northern Mariana Islands.

ENLISTMENTS BETWEEN JUNE 30, 1955, AND JULY 24, 1957

Section 3 of Pub. L. 85-116, July 24, 1957, 71 Stat. 311,

provided that enlistments under the Act of June 30, 1950, as

amended, made after June 30, 1955 and before July 24, 1957 were

deemed to have been made under a suspension of (1) the prohibition

of section 2 of the Act of Aug. 1, 1894, as amended, which stated

that in time of peace no person who is not a citizen of the United

States or who has not made a legal declaration of intent to become

a citizen could be enlisted for the first enlistment in the Army or

(2) section 3253(c) of Title 10, Armed Forces, as the case may be.

ENLISTMENTS BETWEEN JULY 24, 1957, AND JULY 1, 1959

Section 2 of Pub. L. 85-116, July 24, 1957, 71 Stat. 311,

provided that subsection (c) of this section did not apply to

enlistments made under the act of June 30, 1950, on and after July

24, 1957, and before July 1, 1959.

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10 USC Sec. 3254 to 3256 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 333 - ENLISTMENTS

-HEAD-

(Sec. 3254 to 3256. Repealed. Pub. L. 90-235, Sec. 2(a)(2)(B), Jan.

2, 1968, 81 Stat. 756)

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Section 3254, act Aug. 10, 1956, ch. 1041, 70A Stat. 178,

provided for temporary enlistments in the Army during war or

emergency.

Section 3255, act Aug. 10, 1956, ch. 1041, 70A Stat. 178,

provided for recruiting campaigns to obtain enlistments in the

Regular Army.

Section 3256, act Aug. 10, 1956, ch. 1041, 70A Stat. 178, set

forth qualifications for and term of enlistments in the Regular

Army and the grade in which such enlistments were made.

MEMBERS OF ARMY AND AIR FORCE SERVING UNDER ENLISTMENTS FOR

UNSPECIFIED PERIODS ON JAN. 2, 1968; CONTINUANCE IN STATUS;

DISCHARGE

Section 3(c) of Pub. L. 90-235 provided that: ''Members of the

Army or the Air Force who, on the effective date of this Act (Jan.

2, 1968), are serving under enlistments for unspecified periods

under sections 3256(b) and 8256(b) of title 10, United States Code,

shall continue in that status and shall be discharged therefrom in

accordance with laws applicable to such discharges on the day

before the effective date of this Act.''

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10 USC Sec. 3258 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 333 - ENLISTMENTS

-HEAD-

Sec. 3258. Regular Army: reenlistment after service as an officer

-STATUTE-

(a) Any former enlisted member of the Regular Army who has served

on active duty as a Reserve officer of the Army, or who was

discharged as an enlisted member to accept a temporary appointment

as an officer of the Army, is entitled to be reenlisted in the

Regular Army in the enlisted grade that he held before his service

as an officer, without loss of seniority or credit for service,

regardless of the existence of a vacancy in his grade or of a

physical disability incurred or having its inception in line of

duty, if (1) his service as an officer is terminated by an

honorable discharge or he is relieved from active duty for a

purpose other than to await appellate review of a sentence that

includes dismissal or dishonorable discharge, and (2) he applies

for reenlistment within six months (or such other period as the

Secretary of the Army prescribes for exceptional circumstances)

after termination of that service.

(b) A person is not entitled to be reenlisted under this section

if -

(1) the person was discharged or released from active duty as a

Reserve officer on the basis of a determination of -

(A) misconduct;

(B) moral or professional dereliction;

(C) duty performance below prescribed standards for the grade

held; or

(D) retention being inconsistent with the interests of

national security; or

(2) the person's former enlisted status and grade was based

solely on the participation by that person in a precommissioning

program that resulted in the Reserve commission held by that

person during the active duty from which the person was released

or discharged.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 179; Pub. L. 85-603, Sec. 1(1),

Aug. 8, 1958, 72 Stat. 526; Pub. L. 102-484, div. A, title V, Sec.

520(a), Oct. 23, 1992, 106 Stat. 2408.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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3258 10:631a (less last July 14, 1939, ch.

proviso). 267, Sec. 1 (less

last proviso);

restated May 29,

1954, ch. 249, Sec.

19(b) (less last

proviso), 68 Stat.

166.

-------------------------------

The words ''former'' and ''as an enlisted member'' are inserted

for clarity. The words ''credit for service'' are substituted for

the words ''of service''. The words ''in his grade'' are

substituted for the words ''in the appropriate enlisted grade''.

The words ''he applies'' are substituted for the words

''application * * * shall be made''. The words ''Hereafter'' and

''while on active duty'' are omitted as surplusage.

AMENDMENTS

1992 - Pub. L. 102-484 designated existing provisions as subsec.

(a), added subsec. (b), and struck out at end of subsec. (a)

''However, if his service as an officer terminated by a general

discharge, he may, under regulations to be prescribed by the

Secretary of the Army, be so reenlisted.''

1958 - Pub. L. 85-603 limited entitlement to be reenlisted in

enlisted grade to those officers whose service terminated by an

honorable discharge and those relieved from active duty for a

purpose other than to await appellate review of a sentence that

includes dismissal or dishonorable discharge, and provided that

persons whose service terminated by a general discharge, may, under

regulations to be prescribed by the Secretary of the Army, be so

reenlisted.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 520(c) of Pub. L. 102-484 provided that: ''The amendments

made by subsections (a) and (b) (amending this section and section

8258 of this title) shall apply to persons discharged or released

from active duty as commissioned officers in the Army Reserve or

the Air Force Reserve, respectively, after the date of the

enactment of this Act (Oct. 23, 1992).''

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10 USC Sec. 3259 to 3261 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 333 - ENLISTMENTS

-HEAD-

(Sec. 3259 to 3261. Repealed. Pub. L. 103-337, div. A, title XVI,

Sec. 1662(b)(3), Oct. 5, 1994, 108 Stat. 2990)

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Section 3259, acts Aug. 10, 1956, ch. 1041, 70A Stat. 179; Sept.

29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(a)(1), 102

Stat. 2059, related to transfers in grade of enlisted members of

Army National Guard of United States to Army Reserve. See section

12105 of this title.

Section 3260, act Aug. 10, 1956, ch. 1041, 70A Stat. 179,

provided that enlisted members of Army National Guard of United

States are transferred to Army Reserve upon withdrawal as members

of Army National Guard. See section 12106 of this title.

Section 3261, acts Aug. 10, 1956, ch. 1041, 70A Stat. 179; Sept.

2, 1958, Pub. L. 85-861, Sec. 33(a)(20), 72 Stat. 1565; Oct. 4,

1961, Pub. L. 87-378, Sec. 3, 75 Stat. 808, related to enlistment

in Army National Guard of United States. See section 12107 of this

title.

EFFECTIVE DATE OF REPEAL

Repeal effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as an Effective Date note

under section 10001 of this title.

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10 USC Sec. 3262 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 333 - ENLISTMENTS

-HEAD-

Sec. 3262. Army: percentage of high-school graduates

-STATUTE-

Notwithstanding section 520(b) of this title, of the males with

no prior military service who are enlisted or inducted into the

Army during any fiscal year, the number who are not high-school

graduates may not exceed, as of the end of the fiscal year, 35

percent of all such persons.

-SOURCE-

(Added Pub. L. 99-661, div. A, title IV, Sec. 402(a), Nov. 14,

1986, 100 Stat. 3859; amended Pub. L. 100-370, Sec. 1(a)(2), July

19, 1988, 102 Stat. 840.)

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HISTORICAL AND REVISION NOTES

1988 ACT

Amendment of section is based on Pub. L. 93-307, title IV, Sec.

401, June 8, 1974, 88 Stat. 234, as amended by Pub. L. 93-365,

title VII, Sec. 705, Aug. 5, 1974, 88 Stat. 406.

PRIOR PROVISIONS

A prior section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 180;

Sept. 2, 1958, Pub. L. 85-861, Sec. 1(71), 72 Stat. 1464, provided

for extension of enlistment of members of the Army needing medical

care or hospitalization, prior to repeal by Pub. L. 90-235, Sec.

2(a)(2)(B), Jan. 2, 1968, 81 Stat. 756.

AMENDMENTS

1988 - Pub. L. 100-370 substituted ''Notwithstanding section

520(b) of this title, of'' for ''Of''.

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10 USC Sec. 3263 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 333 - ENLISTMENTS

-HEAD-

(Sec. 3263. Repealed. Pub. L. 90-235, Sec. 2(a)(2)(B), Jan. 2,

1968, 81 Stat. 756)

-MISC1-

Section, Pub. L. 85-861, Sec. 1(71)(B), Sept. 2, 1958, 72 Stat.

1465; Pub. L. 87-649, Sec. 14c(4), Sept. 7, 1962, 76 Stat. 501,

provided for voluntary extension of enlistments in the Army.

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10 USC Sec. 3264 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 333 - ENLISTMENTS

-HEAD-

(Sec. 3264. Repealed. Pub. L. 107-314, div. A, title V, Sec.

531(c), Dec. 2, 2002, 116 Stat. 2544)

-MISC1-

Section, added Pub. L. 107-107, div. A, title V, Sec. 541(a)(1),

Dec. 28, 2001, 115 Stat. 1109, related to an 18-month enlistment

pilot program to increase participation of prior service persons in

Selected Reserve and to provide assistance in building pool of

participants in Individual Ready Reserve.

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