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10 U.S.C. § 7138 — Regular Army: reenlistment after service as an officer

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7138 — Regular Army: reenlistment after service as an officer

**(a)** Any former enlisted member of the Regular Army who has served on active duty as an officer of the Army, or who was discharged as an enlisted member to accept an 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 an 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 commission held by that person during the active duty from which the person was released or discharged.

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Stable record: federal_law:legal_authorities:record_usc_7c032e1852bcfd9991d9f951
Source file: Laws/federal/codes/united-states-code/title-10/section-7138-regular-army-reenlistment-after-service-as-an-officer--e785935f32.md
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Source location: Title 10, Chapter 713, § 7138; chapter-713-enlistments.md

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**(a)** Any former enlisted member of the Regular Army who has served on active duty as an officer of the Army, or who was discharged as an enlisted member to accept an 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 an 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 commission held by that person during the active duty from which the person was released or discharged.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3252 — Requirements for information relating to supply chain risk

**(a) Authority.—** Subject to subsection (b), the head of a covered agency may— (1) carry out a covered procurement action; and (2) limit, notwithstanding any other provision of law, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action. **(b) Determination and Notification.—** The head of a covered agency may exercise the authority provided in subsection (a) only after— (1) consulting with procurement or other relevant officials of the covered agency; (2) making a determination in writing, in unclassified or classified form, that— (A) use of the authority in subsection (a)(1) is necessary to protect national security by reducing supply chain risk; (B) less intrusive measures are not reasonably available to reduce such supply chain risk; and (C) in a case where the head of the covered agency plans to limit disclosure of information under subsection (a)(2), the risk to national security due to the disclosure of such information outweighs the risk due to not disclosing such information; and (3) providing a classified or unclassified notice of the determination made under paragraph (2) to the appropriate congressional committees, which notice shall include— (A) a summary of the risk assessment that serves as the basis for the written determination required by paragraph (2); and (B) a summary of the basis for the determination, including a discussion of less intrusive measures that were considered and why they were not reasonably available to reduce supply chain risk. **(c) Limitation on Disclosure.—** If the head of a covered agency has exercised the authority provided in subsection (a)(2) to limit disclosure of information— (1) no action undertaken by the agency head under such author

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7138 — Regular Army: reenlistment after service

Page 3002 TITLE 10—ARMED FORCES § 7131 United States or any instrumentality thereof were not counted in determining authorized strength under this section and subsec. (e) which had provided that the au- thorized strength of the Medical Service Corps in gen- eral officers on the active list of the Regular Army was one commissioned officer in the regular grade of briga- dier general. 1968—Subsec. (a). Pub. L. 90–329 substituted ‘‘Army Medical Department’’ for ‘‘Army Medical Service’’ in two places. 1966—Subsec. (e). Pub. L. 89–603 added subsec. (e). 1958—Subsec. (a). Pub. L. 85–861, § 1(66)(A), substituted ‘‘Subject to section 3202(a) of this title, the’’ for ‘‘The’’. Subsecs. (c) to (e). Pub. L. 85–861, § 1(66)(B), struck out subsec. (c) which prescribed the number of general offi- cers authorized for the active list of the Regular Army, and redesignated subsecs. (d) and (e) as (c) and (d), re- spectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. CHAPTER 713—ENLISTMENTS Sec. 7131. Definition. 7138. Regular Army: reenlistment after service as an officer. 7142. Army: percentage of high-school graduates. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 808(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 333 of this title as this chapter and items 3251, 3258, a

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