US (United States) Code. Title 10. Subtitle D: Air Force. Chapter 833: Enlistments

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

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-CITE-

10 USC CHAPTER 833 - ENLISTMENTS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 833 - ENLISTMENTS

.

-HEAD-

CHAPTER 833 - ENLISTMENTS

-MISC1-

Sec.

8251. Definition.

8252. Regular Air Force: gender-free basis for acceptance of

original enlistments.

8253. Air Force: persons not qualified.

(8254 to 8256. Repealed.)

8257. Regular Air Force: aviation cadets; qualifications, grade,

limitations.

8258. Regular Air Force: reenlistment after service as an officer.

(8259 to 8263. Repealed.)

AMENDMENTS

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1674(b)(3), Oct.

5, 1994, 108 Stat. 3016, struck out items 8259 ''Air Force Reserve:

transfer from Air National Guard of United States'', 8260 ''Air

Force Reserve: transfer to upon withdrawal as member of Air

National Guard'', and 8261 ''Air National Guard of United States''.

1988 - Pub. L. 100-456, div. A, title V, Sec. 522(a)(2), Sept.

29, 1988, 102 Stat. 1973, added item 8252.

1968 - Pub. L. 90-235, Sec. 2(a)(4)(C), Jan. 2, 1968, 81 Stat.

756, struck out item 8252 ''Temporary enlistments'', item 8254

''Air Force: during war or emergency'', item 8255 ''Regular Air

Force: recruiting campaigns'', item 8256 ''Regular Air Force:

qualifications, term, grade'', item 8262 ''Extension of enlistment

for members needing medical care or hospitalization'', and item

8263 ''Voluntary extension of enlistment''.

1958 - Pub. L. 85-861, Sec. 1(166)(C), (D), Sept. 2, 1958, 72

Stat. 1516, struck out '': enlistment'' after ''United States'' in

item 8261, and added item 8263.

-CITE-

10 USC Sec. 8251 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 833 - ENLISTMENTS

-HEAD-

Sec. 8251. Definition

-STATUTE-

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

enlistment or reenlistment.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 503; Pub. L. 100-180, div. A,

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

-MISC1-

Historical and Revision Notes

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

Large)

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8251 (No source). (No source).

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

The revised section is inserted for clarity.

AMENDMENTS

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

chapter''.

WOMEN IN ARMED FORCES

Pub. L. 98-525, title V, Sec. 551(a), Oct. 19, 1984, 98 Stat.

2530, as amended by Pub. L. 99-661, div. A, title V, Sec. 504,

Nov. 14, 1986, 100 Stat. 3864; Pub. L. 100-180, div. A, title V,

Sec. 506, Dec. 4, 1987, 101 Stat. 1086, which required the

Secretary of the Air Force to provide that of all persons

originally enlisting in the Regular Air Force during fiscal year

1989, not less than 22 percent be women, was repealed by Pub. L.

100-456, div. A, title V, Sec. 522(d), Sept. 29, 1988, 102 Stat.

1974. See section 8252 of this title.

-CITE-

10 USC Sec. 8252 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 833 - ENLISTMENTS

-HEAD-

Sec. 8252. Regular Air Force: gender-free basis for acceptance of

original enlistments

-STATUTE-

In accepting persons for original enlistment in the Regular Air

Force, the Secretary of the Air Force may not -

(1) set a minimum or maximum percentage of persons who may be

accepted for such an enlistment according to gender for skill

categories or jobs; or

(2) in any other way base the acceptance of a person for such

an enlistment on gender.

-SOURCE-

(Added Pub. L. 100-456, div. A, title V, Sec. 522(a)(1), Sept. 29,

1988, 102 Stat. 1973; amended Pub. L. 102-484, div. A, title X,

Sec. 1052(40), Oct. 23, 1992, 106 Stat. 2501.)

-MISC1-

PRIOR PROVISIONS

A prior section 8252, act Aug. 10, 1956, ch. 1041, 70A Stat. 503,

provided that temporary enlistments could be made only in Air Force

without specification of component, prior to repeal by Pub. L.

90-235, Sec. 2(a)(4)(B), Jan. 2, 1968, 81 Stat. 756.

AMENDMENTS

1992 - Pub. L. 102-484 substituted ''In'' for ''(a) Except as

provided in subsection (b), in'' and struck out subsec. (b) which

read as follows: ''Subsection (a) shall not apply with respect to

an enlistment specified as being for training leading to

designation in a skill category involving duty assignments to

which, under section 8549 of this title, female members of the Air

Force may not be assigned.''

EFFECTIVE DATE

Section 522(c) of Pub. L. 100-456 provided that: ''Such section

(10 U.S.C. 8252) shall apply with respect to persons accepted for

original enlistment in the Regular Air Force after September 30,

1989.''

IMPLEMENTATION

Section 522(b) of Pub. L. 100-456 provided that: ''The Secretary

of the Air Force shall develop a methodology for implementing

section 8252 of title 10, United States Code, as added by

subsection (a), not later than October 1, 1989.''

-CITE-

10 USC Sec. 8253 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 833 - ENLISTMENTS

-HEAD-

Sec. 8253. Air Force: persons not qualified

-STATUTE-

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

enlistment in the Air Force 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. 503; Pub. L. 87-143, Sec. 1(2),

Aug. 17, 1961, 75 Stat. 364; Pub. L. 90-235, Sec. 2(a)(4)(A), Jan.

2, 1968, 81 Stat. 756; Pub. L. 96-513, title V, Sec. 514(2), Dec.

12, 1980, 94 Stat. 2935.)

-MISC1-

Historical and Revision Notes

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

Large)

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8253(a) 8253(b) 10:622. 10:623. R.S. 1118; Feb. 27,

8253(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

8256(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.

-MISC2-

AMENDMENTS

1980 - Pub. L. 96-513 substituted ''the 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 service in the Air Force, and

provisions formerly set out as subsec. (b) disqualifying from

reenlistment in the Air Force 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

For authorization, notwithstanding sections 3253 and 8253 of this

title, of a citizen of the Northern Mariana Islands to enlist in

the Armed Forces of the United States upon meeting certain

requirements and for termination of the enlistment period, see Pub.

L. 96-351, Sept. 15, 1980, 94 Stat. 1161, set out as a note under

section 3253 of this title.

-CITE-

10 USC Sec. 8254 to 8256 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 833 - ENLISTMENTS

-HEAD-

(Sec. 8254 to 8256. Repealed. Pub. L. 90-235, Sec. 2(a) (4)(B),

Jan. 2, 1968, 81 Stat. 756)

-MISC1-

Section 8254, act Aug. 10, 1956, ch. 1041, 70A Stat. 503,

provided for temporary enlistments in Air Force during war or

emergency.

Section 8255, act Aug. 10, 1956, ch. 1041, 70A Stat. 504,

provided for recruiting campaigns to obtain enlistments in Regular

Air Force.

Section 8256, act Aug. 10, 1956, ch. 1041, 70A Stat. 504, set

forth qualifications for and term of enlistments in Regular Air

Force and 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

Members of Air Force serving under enlistments for unspecified

periods on Jan. 2, 1968, continued in that status and discharged in

accordance with laws applicable on Jan. 1, 1968, see section 3(c)

of Pub. L. 90-235, set out as a note under section 3256 of this

title.

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10 USC Sec. 8257 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 833 - ENLISTMENTS

-HEAD-

Sec. 8257. Regular Air Force: aviation cadets; qualifications,

grade, limitations

-STATUTE-

(a) The grade of aviation cadet is a special enlisted grade in

the Regular Air Force.

(b) Any citizen of the United States may be enlisted as an

aviation cadet, if he is otherwise qualified.

(c) Any enlisted member of the Regular Air Force who is otherwise

qualified may be designated, with his consent, as an aviation cadet

by the Secretary of the Air Force.

(d) Except in time of war or of emergency declared by Congress,

at least 20 percent of the aviation cadets designated in each

fiscal year shall be selected from members of the Regular Air Force

or the Regular Army who are eligible and qualified. No person may

be enlisted or designated as an aviation cadet unless -

(1) he agrees in writing that, upon his successful completion

of the course of training as an aviation cadet, he will accept a

commission as second lieutenant in the Air Force Reserve, and

will serve on active duty as such for a period of three years,

unless sooner released; and

(2) if under 21 years of age, he has the consent of his parent

or guardian to his agreement.

(e) While on active duty, an aviation cadet is entitled to

uniforms, clothing, and equipment at the expense of the United

States.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 504; Pub. L. 85-861, Sec.

33(a)(37), Sept. 2, 1958, 72 Stat. 1566; Pub. L. 96-513, title II,

Sec. 237, Dec. 12, 1980, 94 Stat. 2887.)

-MISC1-

Historical and Revision Notes

1956 Act

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

Large)

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8257(a) 8257(b) 10:297a. 10:299 (1st June 3, 1941, ch.

sentence, less last 165, Sec. 1, 3 (1st

19 words). and 2d sentences),

55 Stat. 239.

8257(c) 10:291f-2 (less 1st June 13, 1949, ch.

55 words of 1st 199, Sec. 3, 63

proviso). Stat. 175.

10:299 (last 19

words of 1st

sentence).

8257(d) 10:291f-2 (1st 55

words of 1st

proviso). 10:299

(2d sentence).

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

In subsection (b), the words ''Under such regulations as the

Secretary of the Army may prescribe'' are omitted, since the

Secretary has inherent authority to issue regulations appropriate

to exercising his statutory functions.

In subsection (c), the words ''who is otherwise qualified'' and

''with his consent'' are substituted for 10: 291f-2 (less 1st 55

words of 1st proviso).

In subsection (d), the first sentence is substituted for

10:291f-2 (proviso). The words ''after June 13, 1940'' (the date of

enactment of the source statute) are substituted for the word

''hereafter'', in 10:291f-2. The words ''after June 13, 1949'', in

10:291f-2, are omitted as executed. The first 17 words of the last

sentence are substituted for 10:299 (1st 20 words of 2d sentence).

Clause (2) is substituted for 10:299 (proviso of 2d sentence).

1958 ACT

The new subsection (e) is necessary to reflect the last 11 words

of the second sentence of section 4 of the Army Aviation Cadet Act

(formerly 10 U.S.C. 304), which were omitted from the original

military codification act, the Act of August 10, 1956, chapter

1041, as part of the source law for section 20(b) of that Act (70A

Stat. 627). See Senate Report No. 2484, 84th Congress, 2d Session,

page 738. Since the source law did not permit the payment of a

money allowance to an aviation cadet in place of the issuance of

uniforms, clothing, and equipment, as may be done for enlisted

members generally, it is necessary to restate this provision

separately. See Opinion of the Deputy General Counsel, Department

of Defense, May 29, 1957.

AMENDMENTS

1980 - Subsec. (b). Pub. L. 96-513 substituted ''Any citizen''

for ''Any male citizen''.

Subsec. (c). Pub. L. 96-513 substituted ''Any enlisted member''

for ''Any male enlisted member''.

1958 - Subsec. (e). Pub. L. 85-861 added subsec. (e).

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the

authority to prescribe regulations under the amendment by Pub. L.

96-513 effective on Dec. 12, 1980, see section 701 of Pub. L.

96-513, set out as a note under section 101 of this title.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section

33(g) of Pub. L. 85-861, set out as a note under section 101 of

this title.

-CITE-

10 USC Sec. 8258 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 833 - ENLISTMENTS

-HEAD-

Sec. 8258. Regular Air Force: reenlistment after service as an

officer

-STATUTE-

(a) Any former enlisted member of the Regular Air Force who has

served on active duty as a reserve officer of the Air Force, or who

was discharged as an enlisted member to accept a temporary

appointment as an officer of the Air Force, is entitled to be

reenlisted in the Regular Air Force 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 Air Force 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. 505; Pub. L. 85-603, Sec. 1(3),

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

520(b), Oct. 23, 1992, 106 Stat. 2409.)

-MISC1-

Historical and Revision Notes

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

Large)

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

8258 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 Air Force, 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 Air Force, be

so reenlisted.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-484 applicable to persons discharged or

released from active duty as commissioned officers in the Air Force

Reserve after Oct. 23, 1992, see section 520(c) of Pub. L. 102-484,

set out as a note under section 3258 of this title.

-CITE-

10 USC Sec. 8259 to 8261 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 833 - ENLISTMENTS

-HEAD-

(Sec. 8259 to 8261. Repealed. Pub. L. 103-337, div. A, title XVI,

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

-MISC1-

Section 8259, acts Aug. 10, 1956, ch. 1041, 70A Stat. 505; Sept.

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

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

National Guard of United States to Air Force Reserve. See section

12105 of this title.

Section 8260, act Aug. 10, 1956, ch. 1041, 70A Stat. 505,

provided that enlisted members of Air National Guard of United

States are transferred to Air Force Reserve upon withdrawal as

members of Air National Guard. See section 12106 of this title.

Section 8261, acts Aug. 10, 1956, ch. 1041, 70A Stat. 505; Oct.

4, 1961, Pub. L. 87-378, Sec. 4, 75 Stat. 808, related to

enlistment in Air 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.

-CITE-

10 USC Sec. 8262, 8263 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 833 - ENLISTMENTS

-HEAD-

(Sec. 8262, 8263. Repealed. Pub. L. 90-235, Sec. 2(a)(4)(B), Jan.

2, 1968, 81 Stat. 756)

-MISC1-

Section 8262, acts Aug. 10, 1956, ch. 1041, 70A Stat. 506; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(166)(A), 72 Stat. 1516, provided

for extension of enlistment of members of the Air Force needing

medical care or hospitalization.

Section 8263, added Pub. L. 85-861, Sec. 1(166)(B), Sept. 2,

1958, 72 Stat. 1516; Pub. L. 87-649, Sec. 14c(53), Sept. 7, 1962,

76 Stat. 501, provided for voluntary extension of enlistments in

the Air Force.

-CITE-