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10 U.S.C. § 512 — Renumbered § 12104]

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

10 U.S.C. § 512 — Renumbered § 12104]

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Stable record: federal_law:legal_authorities:record_usc_e36f08b2230c73214b8f1f27
Source file: Laws/federal/codes/united-states-code/title-10/section-512-renumbered-12104--b02ef8e312.md
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Source location: Laws/federal/codes/united-states-code/title-10/section-512-renumbered-12104--b02ef8e312.md#record-record-usc-e36f08b2230c73214b8f1f27

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

10 U.S.C. § 12104 — Reserve components: transfers

**(a)** A person who would otherwise be required to be transferred to a reserve component under [section 651 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section651&num=0&edition=prelim) or under the Military Selective Service Act ([50 U.S.C. 3801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3801&num=0&edition=prelim) et seq.), is entitled, if he is qualified and accepted, to be enlisted in any armed force that he chooses and to participate in the programs authorized for that armed force. However, unless the two Secretaries concerned consent, he may not be enlisted as a Reserve of an armed force other than that from which he is transferred. All periods of his participation shall be credited against the total period of service required of him under [section 651 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section651&num=0&edition=prelim) or under the Military Selective Service Act ([50 U.S.C. 3801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3801&num=0&edition=prelim) et seq.). However, no period may be credited more than once. **(b)** A person covered by subsection (a) shall perform the rest of his required term of service in the armed force in which he is so enlisted or in any other armed force in which he is later enlisted or appointed. **(c)** This section does not change any term of service under an appointment, enlistment, or agreement, including an agreement made before or at the time when the member entered upon a program authorized by an armed force.

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

10 U.S.C. § 512 — Untitled legal text

Page 536 TITLE 10—ARMED FORCES [§ 512 (c) MAXIMUM PERIOD OF DELAY.—The period of delay authorized a person under paragraph (1)(B) of subsection (b) may not exceed the 30-month period beginning on the date of the person’s en- listment accepted under paragraph (1)(A) of such subsection. (d) ALLOWANCE.—(1) The monthly allowance paid under subsection (b)(2) shall be equal to the amount of the subsistence allowance provided for certain members of the Senior Reserve Offi- cers’ Training Corps with the corresponding number of years of participation under section 209(a) of title 37. The Secretary concerned may supplement that stipend by an amount not to exceed $225 per month. (2) An allowance may not be paid to a person under this section for more than 24 months. (3) A member of the Selected Reserve of a re- serve component may be paid an allowance under this section only for months during which the member performs satisfactorily as a member of a unit of the reserve component that trains as prescribed in section 10147(a)(1) of this title or section 502(a) of title 32. Satisfactory perform- ance shall be determined under regulations pre- scribed by the Secretary concerned. (4) An allowance under this section is in addi- tion to any other pay or allowance to which a member of a reserve component is entitled by reason of participation in the Ready Reserve of that component. (e) RECOUPMENT OF ALLOWANCE.—(1) A person who, after receiving an allowance under this sec- tion, fails to complete the total period of service required of that person in connection with de- layed entry authorized for the person under sec- tion 513 shall repay the United States the amount which bears the same ratio to the total amount of that allowance paid to the person as the uns

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