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10 U.S.C. § 1150 — Affiliation with Guard and Reserve units: waiver of certain limitations
Federal law — U.S. Code and appendices · legal_authorities
**(a) Preference for Certain Persons.—** A person who is separated from the armed forces during the period beginning on October 1, 1990, and ending on December 31, 2001, and who applies to become a member of a National Guard or Reserve unit within one year after the date of such separation shall be given preference over other equally qualified applicants for existing or projected vacancies within the unit to which the member applies.
**(b) Limited Waiver of Strength Limitations.—** Under regulations prescribed by the Secretary of Defense, a person covered by subsection (a) who enters a National Guard or Reserve unit pursuant to an application described in such subsection may be retained in that unit for up to three years without regard to reserve-component strength limitations so long as the individual maintains good standing in that unit.
**(c) Coast Guard.—** This section shall apply to the Coast Guard in the same manner and to the same extent as it applies to the Department of Defense. The Secretary of Homeland Security shall prescribe regulations to implement this section for the Coast Guard when it is not operating as a service in the Navy.
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Stable record: federal_law:legal_authorities:record_usc_8d536aee86aa579b6de06d5f
Source file: Laws/federal/codes/united-states-code/title-10/section-1150-affiliation-with-guard-and-reserve-units-waiver-of-certain-limitations--2278db0de4.md
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Source location: Title 10, Chapter 58, § 1150; chapter-058-benefits-and-services-for-members-being-separated-or-recently-separated.md
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**(a) Preference for Certain Persons.—** A person who is separated from the armed forces during the period beginning on October 1, 1990, and ending on December 31, 2001, and who applies to become a member of a National Guard or Reserve unit within one year after the date of such separation shall be given preference over other equally qualified applicants for existing or projected vacancies within the unit to which the member applies.
**(b) Limited Waiver of Strength Limitations.—** Under regulations prescribed by the Secretary of Defense, a person covered by subsection (a) who enters a National Guard or Reserve unit pursuant to an application described in such subsection may be retained in that unit for up to three years without regard to reserve-component strength limitations so long as the individual maintains good standing in that unit.
**(c) Coast Guard.—** This section shall apply to the Coast Guard in the same manner and to the same extent as it applies to the Department of Defense. The Secretary of Homeland Security shall prescribe regulations to implement this section for the Coast Guard when it is not operating as a service in the Navy.
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Federal law — U.S. Code and appendices · legal_authorities
A member of the armed forces shall be considered to be involuntarily separated for purposes of this chapter if the member was on active duty or full-time National Guard duty on September 30, 1990, or after November 29, 1993, or, with respect to a member of the Coast Guard, if the member was on active duty in the Coast Guard after September 30, 1994, and—
(1) in the case of a regular officer (other than a retired officer), the officer is involuntarily discharged under other than adverse conditions, as characterized by the Secretary concerned;
(2) in the case of a reserve officer who is on the active-duty list or, if not on the active-duty list, is on full-time active duty (or in the case of a member of the National Guard, full-time National Guard duty) for the purpose of organizing, administering, recruiting, instructing, or training the reserve components, the officer is involuntarily discharged or released from active duty or full-time National Guard (other than a release from active duty or full-time National Guard duty incident to a transfer to retired status) under other than adverse conditions, as characterized by the Secretary concerned;
(3) in the case of a regular enlisted member serving on active duty, the member is (A) denied reenlistment, or (B) involuntarily discharged under other than adverse conditions, as characterized by the Secretary concerned;
(4) in the case of a reserve enlisted member who is on full-time active duty (or in the case of a member of the National Guard, full-time National Guard duty) for the purpose of organizing, administering, recruiting, instructing, or training the reserve components, the member (A) is denied reenlistment, or (B) is involuntarily discharged or released from active duty (or full-time National Guard) under other t
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1141
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
Page 1223
TITLE 10—ARMED FORCES
§ 1151
103–337, div. A, title V, § 542(a)(8), Oct. 5, 1994, 108
Stat. 2768; Pub. L. 107–296, title XVII, § 1704(b)(1),
Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–239, div.
A, title X, § 1076(f)(17), Jan. 2, 2013, 126 Stat.
1952.)
Editorial Notes
AMENDMENTS
2013—Pub. L. 112–239 inserted ‘‘when it is not oper-
ating as a service in the Navy’’ after ‘‘Coast Guard’’.
2002—Pub. L. 107–296 substituted ‘‘of Homeland Secu-
rity’’ for ‘‘of Transportation’’.
1994—Pub. L. 103–337 inserted ‘‘or the Secretary of
Transportation with respect to the Coast Guard’’ after
‘‘Secretary of Defense’’ and struck out ‘‘of the military
department’’ before ‘‘concerned’’.
Statutory Notes and Related Subsidiaries
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 1994 AMENDMENT
Amendment by Pub. L. 103–337 applicable only to
members of the Coast Guard who are separated after
Sept. 30, 1994, see section 542(e) of Pub. L. 103–337, set
out as a note under section 1141 of this title.
§ 1150. Affiliation with Guard and Reserve units:
waiver of certain limitations
(a) PREFERENCE FOR CERTAIN PERSONS.—A per-
son who is separated from the armed forces dur-
ing the period beginning on October 1, 1990, and
ending on December 31, 2001, and who applies to
become a member of a National Guard or Re-
serve unit within one year after the date of such
separation shall be given preference over other
equally qualified applicants for existing or pro-
jected vacancies within the unit to which the
member applies.
(b) LIMITED
WAIVER
OF
STRENGTH
LIMITA-
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1150
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