−CITE− 10 USC CHAPTER 333 − ENLISTMENTS 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle B − Army PART II − PERSONNEL CHAPTER 333 − ENLISTMENTS . −HEAD− CHAPTER 333 − ENLISTMENTS −MISC1− 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 Repealed.) 3253.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 Repealed.) 3258.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 Repealed.) 3262.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 Repealed.)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.

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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. −CITE− 10 USC Sec. 3251 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle B − Army PART II − PERSONNEL CHAPTER 333 − ENLISTMENTS −HEAD− Sec. 3251. Definition

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−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.) −MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 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''. −CITE− 10 USC Sec. 3252 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle B − Army PART II − PERSONNEL CHAPTER 333 − ENLISTMENTS −HEAD−

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(Sec. 3252. Repealed. Pub. L. 90−235, Sec. 2(a)(2)(B), Jan. 2, 1968, 81 Stat. 756) −MISC1− 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. −CITE− 10 USC Sec. 3253 01/06/03 −EXPCITE− 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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−MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 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

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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−

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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 ''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

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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.

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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. −CITE− 10 USC Sec. 3254 to 3256 01/06/03 −EXPCITE− 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) −MISC1− 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

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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.'' −CITE− 10 USC Sec. 3258 01/06/03 −EXPCITE− 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

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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.

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520(a), Oct. 23, 1992, 106 Stat. 2408.) −MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 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)

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''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).'' −CITE− 10 USC Sec. 3259 to 3261 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle B − Army PART II − PERSONNEL CHAPTER 333 − ENLISTMENTS −HEAD−

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(Sec. 3259 to 3261. Repealed. Pub. L. 103−337, div. A, title XVI, Sec. 1662(b)(3), Oct. 5, 1994, 108 Stat. 2990) −MISC1− 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. −CITE− 10 USC Sec. 3262 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle B − Army

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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.) −MISC1− 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.

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AMENDMENTS 1988 − Pub. L. 100−370 substituted ''Notwithstanding section 520(b) of this title, of'' for ''Of''. −CITE− 10 USC Sec. 3263 01/06/03 −EXPCITE− 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. −CITE− 10 USC Sec. 3264 01/06/03 −EXPCITE− 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.

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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. −CITE−

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