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10 U.S.C. § 2108 — Advanced standing; interruption of training; delay in starting obligated service; release from program
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of the military department concerned may give to any enlisted member of an armed force under his jurisdiction, or any person who has served on active duty in any armed force, such advanced standing in the program as may be justified by his education and training.
**(b)** In determining a member’s eligibility for advanced training, the Secretary of the military department concerned may credit him with any military training that is substantially equivalent in kind to that prescribed for admission to advanced training and was received while he was taking a course of instruction in a program under the jurisdiction of another armed force or while he was on active duty in the armed forces.
**(c)** The Secretary of the military department concerned may excuse from a portion of the prescribed course of military instruction, including field training and practice cruises, any person found qualified on the basis of his previous education, military experience, or both.
**(d)** A person may become, remain, or be readmitted as, a member of the advanced training program after receiving a baccalaureate degree or completing pre-professional studies if he has not completed the course of military instruction or all field training or practice cruises prescribed by the Secretary of the military department concerned. If a member of the program has been accepted for resident graduate or professional study, the Secretary of the military department concerned may delay the commencement of that member’s obligated period of active duty, and any obligated period of active duty for training or other service in an active or inactive status in a reserve component, until the member has completed that study. If a cadet appointed under [section 2107a of this title](https://uscode
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Source file: Laws/federal/codes/united-states-code/title-10/section-2108-advanced-standing-interruption-of-training-delay-in-starting-obligated-s--aa14e311fb.md
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Source location: Title 10, Chapter 103, § 2108; chapter-103-senior-reserve-officers-training-corps.md
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**(a)** The Secretary of the military department concerned may give to any enlisted member of an armed force under his jurisdiction, or any person who has served on active duty in any armed force, such advanced standing in the program as may be justified by his education and training.
**(b)** In determining a member’s eligibility for advanced training, the Secretary of the military department concerned may credit him with any military training that is substantially equivalent in kind to that prescribed for admission to advanced training and was received while he was taking a course of instruction in a program under the jurisdiction of another armed force or while he was on active duty in the armed forces.
**(c)** The Secretary of the military department concerned may excuse from a portion of the prescribed course of military instruction, including field training and practice cruises, any person found qualified on the basis of his previous education, military experience, or both.
**(d)** A person may become, remain, or be readmitted as, a member of the advanced training program after receiving a baccalaureate degree or completing pre-professional studies if he has not completed the course of military instruction or all field training or practice cruises prescribed by the Secretary of the military department concerned. If a member of the program has been accepted for resident graduate or professional study, the Secretary of the military department concerned may delay the commencement of that member’s obligated period of active duty, and any obligated period of active duty for training or other service in an active or inactive status in a reserve component, until the member has completed that study. If a cadet appointed under [section 2107a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2107a&num=0&edition=prelim) has been accepted for a course of study at an accredited civilian educational institution authorized to grant baccalaureate degrees, the Secretary of the Army may delay the beginning of that member’s obligated period of service in a reserve component until the member has completed such course of study.
**(e)** The Secretary of the military department concerned may, when he determines that the interest of the service so requires, release any person from the program and discharge him from his armed force.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary of the Army may appoint as a cadet in the Army Reserve or Army National Guard of the United States any eligible member of the program who is enrolled in the Advanced Course of the Army Reserve Officers’ Training Corps at a military college, military junior college, or civilian institution and who will be under 31 years of age on December 31 of the calendar year in which he is eligible under this section for appointment as a second lieutenant in the Army Reserve or Army National Guard.
(2) To be considered a military college or military junior college for the purposes of this section, a school must be a civilian postsecondary educational institution essentially military in nature and meet such other requirements as the Secretary of the Army may prescribe. For purposes of this section, a military junior college does not confer a baccalaureate degree.
**(b)**
(1) To be eligible for appointment as a cadet under this section, a member of the program must—
(A) be a citizen or national of the United States;
(B) be specially selected for the financial assistance program under this section under procedures prescribed by the Secretary of the Army;
(C) enlist in a reserve component of the Army for the period prescribed by the Secretary of the Army;
(D) contract, with the consent of his parent or guardian if he is a minor, with the Secretary of the Army to serve for the period required by the program;
(E) agree in writing that he will accept an appointment, if offered, as a commissioned officer in the Army Reserve or the Army National Guard of the United States; and
(F) agree in writing that he will serve in a troop program unit of the Army Reserve or Army National Guard for not less than eight years.
(2) Performance of duty under an
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2107a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of the military department concerned may appoint as a cadet or midshipman, as appropriate, in the reserve of an armed force under his jurisdiction any eligible member of the program who will be under 31 years of age on December 31 of the calendar year in which he is eligible under this section for appointment as an ensign in the Navy or as a second lieutenant in the Army, Air Force, Marine Corps, or Space Force.
**(b)** To be eligible for appointment as a cadet or midshipman under this section a member must—
(1) be a citizen or national of the United States;
(2) be specially selected for the financial assistance program under procedures prescribed by the Secretary of the military department concerned;
(3) enlist in the reserve component of an armed force for the period prescribed by the Secretary of the military department concerned;
(4) contract, with the consent of his parent or guardian if he is a minor, with the Secretary of the military department concerned, or his designated representative, to serve for the period required by the program; and
(5) agree in writing that, at the discretion of the Secretary of the military department concerned, he will—
(A)
(i) accept an appointment, if offered, as a commissioned officer in the Army, Navy, Air Force, Marine Corps, or Space Force, as the case may be, and that, if he is commissioned as a regular officer and his regular commission is terminated before the sixth anniversary of his date of rank, he will accept an appointment, if offered, in the reserve component of an armed force and not resign before that anniversary or before such other date, not beyond the eighth anniversary of the midshipman’s date of rank, that the Secretary of Defense may prescribe; and
(ii) serve on active du
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2107
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Federal law — U.S. Code and appendices · legal_authorities
Page 1674
TITLE 10—ARMED FORCES
§ 2108
Course of the Army Reserve Officers’ Training Corps at
a military college or civilian institution) that was en-
tered into during the period beginning on January 1,
1991, and ending on July 12, 2000 (in addition to any
agreement described in that paragraph that is entered
into on or after the date of the enactment of this Act
[Dec. 28, 2001]).’’
EFFECTIVE DATE
Pub. L. 96–357, § 1(e), Sept. 24, 1980, 94 Stat. 1180, pro-
vided that: ‘‘The amendments made by this section [en-
acting this section and amending sections 2107 and 2108
of this title] shall take effect on October 1, 1980.’’
SAVINGS PROVISION
Paragraph (3) of subsec. (c) of this section, as in effect
on the day before Jan. 6, 2006, to continue to apply in
the case of any individual selected before Jan. 6, 2006,
for appointment as a cadet under this section, see sec-
tion 531(c) of Pub. L. 109–163, set out as a note under
section 2107 of this title.
BENEFITS NOT TO ACCRUE FOR PERIODS PRIOR TO
SEPTEMBER 23, 1996
No increase in pay or retired or retainer pay to ac-
crue for periods before Sept. 23, 1996, by reason of
amendments made by section 507 of Pub. L. 104–201, see
section 507(c) of Pub. L. 104–201, set out as a note under
section 2106 of this title.
§ 2108. Advanced standing; interruption of train-
ing; delay in starting obligated service; re-
lease from program
(a) The Secretary of the military department
concerned may give to any enlisted member of
an armed force under his jurisdiction, or any
person who has served on active duty in any
armed force, such advanced standing in the pro-
gram as may be justified by his education and
training.
(b) In determining a member’s eligibility for
advanced training, the Secretary of the military
department
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2108
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