-CITE-

10 USC CHAPTER 37 - GENERAL SERVICE REQUIREMENTS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 37 - GENERAL SERVICE REQUIREMENTS

.

-HEAD-

CHAPTER 37 - GENERAL SERVICE REQUIREMENTS

-MISC1-

Sec.

651. Members: required service.

(652. Repealed.)

653. Minimum service requirement for certain flight crew positions.

654. Policy concerning homosexuality in the armed forces.

655. Designation of persons having interest in status of a missing

member.

AMENDMENTS

1996 - Pub. L. 104-106, div. A, title V, Sec. 569(d)(2), Feb.

10, 1996, 110 Stat. 352, added item 655.

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1671(b)(6), Oct.

5, 1994, 108 Stat. 3013, struck out item 652 ''Ready Reserves:

requirement of notification of change of status''.

1993 - Pub. L. 103-160, div. A, title V, Sec. 571(a)(2), Nov.

30, 1993, 107 Stat. 1673, added item 654.

1989 - Pub. L. 101-189, div. A, title VI, Sec. 634(a)(2), Nov.

29, 1989, 103 Stat. 1454, added item 653.

1978 - Pub. L. 95-485, title IV, Sec. 405(d)(2), Oct. 20, 1978,

92 Stat. 1616, added item 652.

1958 - Pub. L. 85-861, Sec. 33(a)(4)(A), Sept. 2, 1958, 72 Stat.

1564, substituted ''GENERAL SERVICE REQUIREMENTS'' for ''SERVICE

REQUIREMENTS FOR RESERVES'' in chapter heading.

-CITE-

10 USC Sec. 651 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 37 - GENERAL SERVICE REQUIREMENTS

-HEAD-

Sec. 651. Members: required service

-STATUTE-

(a) Each person who becomes a member of an armed force, other

than a person deferred under the next to the last sentence of

section 6(d)(1) of the Military Selective Service Act (50 U.S.C.

App. 456(d)(1)) shall serve in the armed forces for a total initial

period of not less than six years nor more than eight years, as

provided in regulations prescribed by the Secretary of Defense for

the armed forces under his jurisdiction and by the Secretary of

Homeland Security for the Coast Guard when it is not operating as

service in the Navy, unless such person is sooner discharged under

such regulations because of personal hardship. Any part of such

service that is not active duty or that is active duty for training

shall be performed in a reserve component.

(b) Each person covered by subsection (a) who is not a Reserve,

and who is qualified, shall, upon his release from active duty, be

transferred to a reserve component of his armed force to complete

the service required by subsection (a).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 27; Pub. L. 85-861, Sec. 1(12),

36B(3), Sept. 2, 1958, 72 Stat. 1440, 1570; Pub. L. 89-718, Sec. 5,

Nov. 2, 1966, 80 Stat. 1115; Pub. L. 95-79, title VIII, Sec.

803(a), July 30, 1977, 91 Stat. 333; Pub. L. 96-107, title VIII,

Sec. 805(b), Nov. 9, 1979, 93 Stat. 813; Pub. L. 96-513, title V,

Sec. 511(18), Dec. 12, 1980, 94 Stat. 2921; Pub. L. 98-94, title X,

Sec. 1022(b)(1), Sept. 24, 1983, 97 Stat. 670; Pub. L. 107-296,

title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

Historical and Revision Notes

1956 Act

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

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

Large)

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

651(a) 651(b) 50 App.:454(d)(3) June 24, 1948, ch.

651(c) (1st sentence, and 625, Sec. 4(d)(3)

less applicability (less 4th sentence,

to members of and less

National Security applicability to

Training Corps). 50 members of National

App.:454(d)(3) (2d Security Training

sentence, and less Corps); added June

applicability to 19, 1951, ch. 144,

members of National Sec. 1(g) (last

Security Training par., less 4th

Corps). 50 sentence, and less

App.:454(d)(3) (3d applicability to

and last members of National

sentences). Security Training

Corps), 65 Stat.

79; July 9, 1952,

ch. 608, Sec. 813,

66 Stat. 509.

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

In subsection (a), the word ''male'' is inserted, since the

source statute (Universal Military Training and Service Act (50

U.S.C. App. 451 et seq.)) applies only to male persons. The words

''subsequent to the date of enactment of this paragraph (June 19,

1951)'' are omitted as executed. The words ''becomes a member''

are substituted for the words ''is inducted, enlisted, or appointed

* * * in''. The words ''in the armed forces'' are substituted for

the words ''on active training and service in the Armed Forces * *

* and in a reserve component''. The last sentence is substituted

for the words ''or in training in the National Security Training

Corps''. The words ''under any provision of law'' and ''including

the reserve components thereof'' are omitted as surplusage.

In subsection (b), the words ''who is not a Reserve'' are

inserted, since the eight year obligation for Reserves is covered

by subsection (a). The words ''active duty'' are substituted for

the words ''active training and service''. The last eight words

are substituted for the words ''and shall serve therein for the

remainder of the period which he is required to serve under this

paragraph''. The words ''physically and mentally'' and 50

App.:454(d)(3) (last 15 words of 2d sentence) are omitted as

surplusage.

In (former) subsection (c), the words ''who is released from

active duty'' are inserted for clarity. The words ''shall become a

member'' are substituted for the words ''it shall be the duty of

such person to enlist, enroll, or accept appointment in, or accept

assignment to''. The words ''there is a vacancy'' are substituted

for the words ''enlistment, enrollment, or appointment in, or

assignment to''. 50 App.:454(d)(3) (last sentence) is omitted as

surplusage.

1958 Act

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

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

Large)

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

651(a) 50 App.:454(d)(3) Aug. 9, 1955, ch.

(2d sentence). 665, Sec. 3(a)

(last sentence), 69

Stat. 603.

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

In subsection (a), the word ''male'' is inserted, since the

source statute applies only to male persons. The words

''subsequent to the date of enactment of the Reserve Forces Act of

1955'' are omitted as executed. The words ''becomes a member'' are

substituted for the words ''is inducted, enlisted, or appointed . .

. in''. The last sentence is substituted for the words ''on active

training and service . . . and in a reserve component''. The

requirement of transfer to and service in a reserve component,

after active training and service is covered by subsection (b) of

this section. The words ''under any provision of law'' and

''including the reserve components thereof'' are omitted as

surplusage.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

1983 - Subsec. (a). Pub. L. 98-94 amended subsec. (a) generally,

substituting a reference to service in the armed forces for a total

initial period of not less than six years nor more than eight years

under prescribed regulations for the prior reference to service in

the armed forces for a total of six years.

1980 - Subsec. (a). Pub. L. 96-513, substituted ''Secretary of

Transportation'' for ''Secretary of the Treasury'', and ''section

6(d)(1) of the Military Selective Service Act (50 U.S.C. App.

456(d)(1))'' for ''section 456(d)(1) of title 50, appendix''.

1979 - Subsec. (a). Pub. L. 96-107 struck out ''before his

twenty-sixth birthday'' after ''force''.

1977 - Subsec. (a). Pub. L. 95-79 struck out ''male'' after

''Each'' and ''after August 9, 1955,'' after ''who''.

1966 - Subsec. (a). Pub. L. 89-718 struck out reference to

persons who enlisted under section 1013 of title 50 in the

description of persons not required to serve in the armed forces

for a total of six years.

1958 - Subsec. (a). Pub. L. 85-861, Sec. 1(12), restricted

section to male persons who became members of the armed forces

after Aug. 9, 1955, excluded persons enlisted under section 1013 of

Title 50 or deferred under the next to last sentence of section

456(d)(1) of Title 50, Appendix, reduced from eight to six years

the required period of service, required any part of such service

that is not active duty or is active duty for training to be

performed in a reserve component, and struck out provisions which

permitted members of the armed forces to count service in the

National Security Training Corps as if it were service in the armed

forces for the purposes of this subsection.

Subsec. (c). Pub. L. 85-861, Sec. 36B(3), repealed subsec. (c)

which required members released from active duty to become members

of an organized unit of a reserve component of an officers'

training program.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 1022(b)(2) of Pub. L. 98-94 provided that: ''The

amendment made by paragraph (1) (amending this section) shall apply

only with respect to persons who enter the Armed Forces 60 or more

days after the date of the enactment of this Act (Sept. 24,

1983).''

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.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-107 applicable to individuals who become

members of an Armed Force after Nov. 9, 1979, see section 805(c) of

Pub. L. 96-107, set out as a note under section 511 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Section 803(b) of Pub. L. 95-79 provided that: ''The amendments

made by subsection (a) (amending this section) shall take effect on

the first day of the seventh calendar month beginning after the

month in which this Act is enacted (July 1977) and shall apply to

any female person who becomes a member of an Armed Force on or

after such day.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1174, 4348, 6959, 9348,

12104, 12208, 12645 of this title; title 14 section 182; title 37

section 308e; title 50 App. section 456.

-CITE-

10 USC Sec. 652 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 37 - GENERAL SERVICE REQUIREMENTS

-HEAD-

(Sec. 652. Repealed. Pub. L. 103-337, div. A, title XVI, Sec.

1661(a)(3)(A), Oct. 5, 1994, 108 Stat. 2980)

-MISC1-

Section, added Pub. L. 95-485, title IV, Sec. 405(d)(1), Oct. 20,

1978, 92 Stat. 1616, related to Ready Reserve requirement of

notification of change of status. See section 10205 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. 653 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 37 - GENERAL SERVICE REQUIREMENTS

-HEAD-

Sec. 653. Minimum service requirement for certain flight crew

positions

-STATUTE-

(a) Pilots. - The minimum service obligation of any member who

successfully completes training in the armed forces as a pilot

shall be 8 years, if the member is trained to fly fixed-wing jet

aircraft, or 6 years, if the member is trained to fly any other

type of aircraft.

(b) Navigators and Naval Flight Officers. - The minimum service

obligation of any member who successfully completes training in the

armed forces as a navigator or naval flight officer shall be 6

years.

(c) Definition. - In this section, the term ''service

obligation'' means the period of active duty or, in the case of a

member of a reserve component who completed flight training in an

active duty for training status as a member of a reserve component,

the period of service in an active status in the Selected Reserve

required to be served after -

(1) completion of undergraduate pilot training, in the case of

training as a pilot;

(2) completion of undergraduate navigator training, in the case

of training as a navigator; or

(3) completion of undergraduate training as a naval flight

officer, in the case of training as a naval flight officer.

-SOURCE-

(Added Pub. L. 101-189, div. A, title VI, Sec. 634(a)(1), Nov. 29,

1989, 103 Stat. 1454; amended Pub. L. 101-510, div. A, title XIV,

Sec. 1484(k)(3), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 102-484,

div. A, title V, Sec. 506(a), Oct. 23, 1992, 106 Stat. 2404.)

-MISC1-

AMENDMENTS

1992 - Subsecs. (a), (b). Pub. L. 102-484, Sec. 506(a)(1),

substituted ''service obligation'' for ''active duty obligation''.

Subsec. (c). Pub. L. 102-484, Sec. 506(a)(2), substituted ''the

term 'service obligation' means the period of active duty or, in

the case of a member of a reserve component who completed flight

training in an active duty for training status as a member of a

reserve component, the period of service in an active status in the

Selected Reserve'' for ''the term 'active duty obligation' means

the period of active duty''.

1990 - Subsec. (a). Pub. L. 101-510, Sec. 1484(k)(3)(A),

substituted ''or'' for ''and'' before ''6 years''.

Subsec. (c). Pub. L. 101-510, Sec. 1484(k)(3)(B), inserted a

comma after first reference to ''training'' in pars. (1) and (2)

and after first reference to ''naval flight officer'' in par. (3).

EFFECTIVE DATE OF 1992 AMENDMENT

Section 506(b) of Pub. L. 102-484 provided that: ''The amendments

made by subsection (a) (amending this section) shall take effect as

of November 29, 1989.''

EFFECTIVE DATE

Section 634(b) of Pub. L. 101-189 provided that:

''(1) Except as provided in paragraphs (2) and (3), section 653

of title 10, United States Code, as added by subsection (a)(1),

shall apply to persons who begin undergraduate pilot training,

undergraduate navigator training, or undergraduate naval flight

officer training, as the case may be, after September 30, 1990.

''(2) Such section shall apply to persons who graduate from the

United States Military Academy, the United States Naval Academy,

the United States Air Force Academy, and the Coast Guard Academy

after December 31, 1991, and to persons who satisfactorily complete

the academic and military requirements of the Senior Reserve

Officers' Training Corps program (provided for in chapter 103 of

title 10, United States Code) after December 31, 1991.

''(3) The minimum service requirements provided for such section

shall not apply in the case of any person who entered into an

agreement with the Secretary concerned before October 1, 1990, and

who is obligated under the terms of such agreement to serve on

active duty for a period less than the applicable period specified

in section 653 of such title.

''(4) For purposes of this subsection, the term 'Secretary

concerned' has the meaning given that term in section 101(8) of

title 10, United States Code.''

(For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.)

-CITE-

10 USC Sec. 654 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 37 - GENERAL SERVICE REQUIREMENTS

-HEAD-

Sec. 654. Policy concerning homosexuality in the armed forces

-STATUTE-

(a) Findings. - Congress makes the following findings:

(1) Section 8 of article I of the Constitution of the United

States commits exclusively to the Congress the powers to raise

and support armies, provide and maintain a Navy, and make rules

for the government and regulation of the land and naval forces.

(2) There is no constitutional right to serve in the armed

forces.

(3) Pursuant to the powers conferred by section 8 of article I

of the Constitution of the United States, it lies within the

discretion of the Congress to establish qualifications for and

conditions of service in the armed forces.

(4) The primary purpose of the armed forces is to prepare for

and to prevail in combat should the need arise.

(5) The conduct of military operations requires members of the

armed forces to make extraordinary sacrifices, including the

ultimate sacrifice, in order to provide for the common defense.

(6) Success in combat requires military units that are

characterized by high morale, good order and discipline, and unit

cohesion.

(7) One of the most critical elements in combat capability is

unit cohesion, that is, the bonds of trust among individual

service members that make the combat effectiveness of a military

unit greater than the sum of the combat effectiveness of the

individual unit members.

(8) Military life is fundamentally different from civilian life

in that -

(A) the extraordinary responsibilities of the armed forces,

the unique conditions of military service, and the critical

role of unit cohesion, require that the military community,

while subject to civilian control, exist as a specialized

society; and

(B) the military society is characterized by its own laws,

rules, customs, and traditions, including numerous restrictions

on personal behavior, that would not be acceptable in civilian

society.

(9) The standards of conduct for members of the armed forces

regulate a member's life for 24 hours each day beginning at the

moment the member enters military status and not ending until

that person is discharged or otherwise separated from the armed

forces.

(10) Those standards of conduct, including the Uniform Code of

Military Justice, apply to a member of the armed forces at all

times that the member has a military status, whether the member

is on base or off base, and whether the member is on duty or off

duty.

(11) The pervasive application of the standards of conduct is

necessary because members of the armed forces must be ready at

all times for worldwide deployment to a combat environment.

(12) The worldwide deployment of United States military forces,

the international responsibilities of the United States, and the

potential for involvement of the armed forces in actual combat

routinely make it necessary for members of the armed forces

involuntarily to accept living conditions and working conditions

that are often spartan, primitive, and characterized by forced

intimacy with little or no privacy.

(13) The prohibition against homosexual conduct is a

longstanding element of military law that continues to be

necessary in the unique circumstances of military service.

(14) The armed forces must maintain personnel policies that

exclude persons whose presence in the armed forces would create

an unacceptable risk to the armed forces' high standards of

morale, good order and discipline, and unit cohesion that are the

essence of military capability.

(15) The presence in the armed forces of persons who

demonstrate a propensity or intent to engage in homosexual acts

would create an unacceptable risk to the high standards of

morale, good order and discipline, and unit cohesion that are the

essence of military capability.

(b) Policy. - A member of the armed forces shall be separated

from the armed forces under regulations prescribed by the Secretary

of Defense if one or more of the following findings is made and

approved in accordance with procedures set forth in such

regulations:

(1) That the member has engaged in, attempted to engage in, or

solicited another to engage in a homosexual act or acts unless

there are further findings, made and approved in accordance with

procedures set forth in such regulations, that the member has

demonstrated that -

(A) such conduct is a departure from the member's usual and

customary behavior;

(B) such conduct, under all the circumstances, is unlikely to

recur;

(C) such conduct was not accomplished by use of force,

coercion, or intimidation;

(D) under the particular circumstances of the case, the

member's continued presence in the armed forces is consistent

with the interests of the armed forces in proper discipline,

good order, and morale; and

(E) the member does not have a propensity or intent to engage

in homosexual acts.

(2) That the member has stated that he or she is a homosexual

or bisexual, or words to that effect, unless there is a further

finding, made and approved in accordance with procedures set

forth in the regulations, that the member has demonstrated that

he or she is not a person who engages in, attempts to engage in,

has a propensity to engage in, or intends to engage in homosexual

acts.

(3) That the member has married or attempted to marry a person

known to be of the same biological sex.

(c) Entry Standards and Documents. - (1) The Secretary of Defense

shall ensure that the standards for enlistment and appointment of

members of the armed forces reflect the policies set forth in

subsection (b).

(2) The documents used to effectuate the enlistment or

appointment of a person as a member of the armed forces shall set

forth the provisions of subsection (b).

(d) Required Briefings. - The briefings that members of the armed

forces receive upon entry into the armed forces and periodically

thereafter under section 937 of this title (article 137 of the

Uniform Code of Military Justice) shall include a detailed

explanation of the applicable laws and regulations governing sexual

conduct by members of the armed forces, including the policies

prescribed under subsection (b).

(e) Rule of Construction. - Nothing in subsection (b) shall be

construed to require that a member of the armed forces be processed

for separation from the armed forces when a determination is made

in accordance with regulations prescribed by the Secretary of

Defense that -

(1) the member engaged in conduct or made statements for the

purpose of avoiding or terminating military service; and

(2) separation of the member would not be in the best interest

of the armed forces.

(f) Definitions. - In this section:

(1) The term ''homosexual'' means a person, regardless of sex,

who engages in, attempts to engage in, has a propensity to engage

in, or intends to engage in homosexual acts, and includes the

terms ''gay'' and ''lesbian''.

(2) The term ''bisexual'' means a person who engages in,

attempts to engage in, has a propensity to engage in, or intends

to engage in homosexual and heterosexual acts.

(3) The term ''homosexual act'' means -

(A) any bodily contact, actively undertaken or passively

permitted, between members of the same sex for the purpose of

satisfying sexual desires; and

(B) any bodily contact which a reasonable person would

understand to demonstrate a propensity or intent to engage in

an act described in subparagraph (A).

-SOURCE-

(Added Pub. L. 103-160, div. A, title V, Sec. 571(a)(1), Nov. 30,

1993, 107 Stat. 1670.)

-REFTEXT-

REFERENCES IN TEXT

The Uniform Code of Military Justice, referred to in subsec.

(a)(10), is classified to chapter 47 (Sec. 801 et seq.) of this

title.

-MISC2-

IMPLEMENTATION OF SECTION; REGULATIONS; SAVINGS PROVISION; SENSE OF

CONGRESS

Section 571(b)-(d) of Pub. L. 103-160 provided that:

''(b) Regulations. - Not later than 90 days after the date of

enactment of this Act (Nov. 30, 1993), the Secretary of Defense

shall revise Department of Defense regulations, and issue such new

regulations as may be necessary, to implement section 654 of title

10, United States Code, as added by subsection (a).

''(c) Savings Provision. - Nothing in this section or section 654

of title 10, United States Code, as added by subsection (a), may be

construed to invalidate any inquiry, investigation, administrative

action or proceeding, court-martial, or judicial proceeding

conducted before the effective date of regulations issued by the

Secretary of Defense to implement such section 654.

''(d) Sense of Congress. - It is the sense of Congress that -

''(1) the suspension of questioning concerning homosexuality as

part of the processing of individuals for accession into the

Armed Forces under the interim policy of January 29, 1993, should

be continued, but the Secretary of Defense may reinstate that

questioning with such questions or such revised questions as he

considers appropriate if the Secretary determines that it is

necessary to do so in order to effectuate the policy set forth in

section 654 of title 10, United States Code, as added by

subsection (a); and

''(2) the Secretary of Defense should consider issuing guidance

governing the circumstances under which members of the Armed

Forces questioned about homosexuality for administrative purposes

should be afforded warnings similar to the warnings under section

831(b) of title 10, United States Code (article 31(b) of the

Uniform Code of Military Justice).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 983 of this title.

-CITE-

10 USC Sec. 655 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 37 - GENERAL SERVICE REQUIREMENTS

-HEAD-

Sec. 655. Designation of persons having interest in status of a

missing member

-STATUTE-

(a) The Secretary concerned shall, upon the enlistment or

appointment of a person in the armed forces, require that the

person specify in writing the person or persons, if any, other than

that person's primary next of kin or immediate family, to whom

information on the whereabouts and status of the member shall be

provided if such whereabouts and status are investigated under

chapter 76 of this title. The Secretary shall periodically, and

whenever the member is deployed as part of a contingency operation

or in other circumstances specified by the Secretary, require that

such designation be reconfirmed, or modified, by the member.

(b) The Secretary concerned shall, upon the request of a member,

permit the member to revise the person or persons specified by the

member under subsection (a) at any time. Any such revision shall

be in writing.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 569(d)(1), Feb. 10,

1996, 110 Stat. 352.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1513 of this title.

-CITE-