10 U.S.C. § 12102 — Reserve components: qualifications

Page 3640 TITLE 10—ARMED FORCES § 12101 A], title IV, § 415(c)] of Pub. L. 106–398, set out as a note under section 12011 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–261 effective Oct. 1, 1998, see section 414(c) of Pub. L. 105–261, set out as a note under section 12011 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 1501(b)(10) of Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as en- acted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. EFFECTIVE DATE Section effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title. CHAPTER 1203—ENLISTED MEMBERS Sec. 12101. Definition. 12102. Reserve components: qualifications. 12103. Reserve components: terms. 12104. Reserve components: transfers. 12105. Army Reserve and Air Force Reserve: trans- fer from Guard components. 12106. Army and Air Force Reserve: transfer to upon withdrawal as member of National Guard. 12107. Army National Guard of United States; Air National Guard of the United States: enlist- ment in. 12108. Enlisted members: discharge or retirement for years of service or for age. Editorial Notes AMENDMENTS 2001—Pub. L. 107–107, div. A, title V, § 517(f)(2), Dec. 28, 2001, 115 Stat. 1096, added item 12108. § 12101. Definition In this chapter, the term ‘‘enlistment’’ means original enlistment or reenlistment. (Added Pub. L. 103–337, div. A, title XVI, § 1662(b)(1), Oct. 5, 1994, 108 Stat. 2988.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title. § 12102. Reserve components: qualifications (a) To become an enlisted member of a reserve component a person must be enlisted as a Re- serve of an armed force and subscribe to the oath prescribed by section 502 of this title, or be transferred to that component according to law. In addition, to become an enlisted member of the Army National Guard of the United States or the Air National Guard of the United States, he must meet the requirements of section 12107 of this title. (b) Except as otherwise provided by law, the Secretary concerned shall prescribe physical, mental, moral, professional, and age qualifica- tions for the enlistment of persons as Reserves of the armed forces under his jurisdiction. How- ever, no person may be enlisted as a Reserve un- less— (1) he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under the Immigra- tion and Nationality Act (8 U.S.C. 1101 et seq.); or (2) he has previously served in the armed forces or in the National Security Training Corps. (c) A person who is otherwise qualified, but who has a physical defect that the Secretary concerned determines will not interfere with the performance of the duties to which that person may be assigned, may be enlisted as a Reserve of any armed force under the jurisdiction of that Secretary. (Aug. 10, 1956, ch. 1041, 70A Stat. 17, § 510; Pub. L. 88–236, Dec. 23, 1963, 77 Stat. 474; Pub. L. 90–130, § 1(2), Nov. 8, 1967, 81 Stat. 374; Pub. L. 90–623, § 2(3), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96–513, title V, § 511(13), Dec. 12, 1980, 94 Stat. 2921; re- numbered § 12102 and amended Pub. L. 103–337, div. A, title XVI, §§ 1631(a), 1662(b)(2), 1675(a), Oct. 5, 1994, 108 Stat. 2964, 2989, 3017; Pub. L. 104–106, div. A, title XV, § 1501(a)(5)(A), Feb. 10, 1996, 110 Stat. 495.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 510(a) ...... 510(b) ...... 510(c) ...... 510(d) ...... 50:952 (less proviso). 50:941(a) (as applicable to enlistments). 50:941(b) (as applicable to enlistments). 50:956 (as applicable to enlistments). July 9, 1952, ch. 608, §§ 217 (less (c), as applicable to enlistments), 228 (less proviso), 232 (as applicable to enlist- ments), 66 Stat. 486, 488, 489. In subsection (a), the last sentence is inserted to re- flect sections 3261 and 8261 of this title. In subsection (b), the word ‘‘However’’ is substituted for the words ‘‘Subject to the limitation that’’. The words ‘‘as Reserves in the armed forces under his juris- diction’’ are substituted for the words ‘‘of Reserve members of the Armed Forces of the United States’’. The words ‘‘its Territories’’ are omitted as surplusage, since citizens of the Territories are citizens of the United States. In subsection (c), the words ‘‘armed force concerned’’ are substituted for the words ‘‘of the appropriate Armed Force of the United States’’. The words ‘‘in which she previously served satisfactorily’’ are sub- stituted for the words ‘‘satisfactorily held by her’’. In subsection (d), the words ‘‘under the jurisdiction of that Secretary’’ are inserted for clarity. The words ‘‘general or special’’ are omitted as surplusage. Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (§ 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. AMENDMENTS 1996—Subsecs. (c), (d). Pub. L. 104–106 made technical correction to directory language of Pub. L. 103–337, § 1631(a). See 1994 Amendment note below. 1994—Pub. L. 103–337, § 1662(b)(2), renumbered section 510 of this title as this section. Subsec. (a). Pub. L. 103–337, § 1675(a), substituted ‘‘12107’’ for ‘‘3261 or 8261’’. Subsecs. (c), (d). Pub. L. 103–337, § 1631(a), as amended by Pub. L. 104–106, redesignated subsec. (d) as (c) and Page 3641 TITLE 10—ARMED FORCES § 12103 struck out former subsec. (c) which read as follows: ‘‘Women may be enlisted as Reserves of the armed forces. Women are enlisted in the grades and ratings authorized for enlisted women of the regular compo- nent of the armed force concerned. Any female former enlisted member of an armed force may, if otherwise qualified, be enlisted as a Reserve of that armed force in the highest grade or rating in which she previously served satisfactorily on active duty (other than for training).’’ 1980—Subsec. (b)(1). Pub. L. 96–513 substituted ‘‘the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)’’ for ‘‘chapter 12 of title 8’’. 1968—Subsec. (a). Pub. L. 90–623 substituted ‘‘section 502’’ for ‘‘section 501’’. 1967—Subsec. (c). Pub. L. 90–130 struck out provision limiting the reserve components in which women may be enlisted as Reserves of the armed forces to the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, and Coast Guard Reserve. 1963—Subsec. (b)(1). Pub. L. 88–236 substituted ‘‘he is a citizen of the United States or has been lawfully ad- mitted to the United States for permanent residence under chapter 12 of title 8’’ for ‘‘he is, or has made a declaration of intention to become, a citizen of the United States or of a possession thereof’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by sections 1662(b)(2) and 1675(a) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise pro- vided, and amendment by section 1631(a) of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. 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 this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees. TREATMENT OF SINGLE PARENTS ENLISTING IN RESERVE COMPONENTS OF THE ARMED FORCES Pub. L. 99–661, div. A, title V, § 523, Nov. 14, 1986, 100 Stat. 3871, as amended by Pub. L. 100–180, div. A, title V, § 503, Dec. 4, 1987, 101 Stat. 1085; Pub. L. 101–189, div. A, title V, § 504, Nov. 29, 1989, 103 Stat. 1437, which pro- vided that, in determining under section 510 [now 12102] of title 10 whether a person who is applying to enlist in a reserve component of the Armed Forces upon dis- charge or release from active duty is qualified for en- listment as a Reserve of an Armed Force, the Secretary concerned may not disqualify the person because the person is a single parent if the person is otherwise qualified for enlistment, the person became a single parent while serving on active duty, and the person’s status as a single parent was not a factor in the per- son’s discharge or release from active duty, with provi- sion that the requirements imposed with respect to parenthood not be more stringent than those imposed on a member who becomes a single parent during the term of the member’s enlistment, and with provision defining ‘‘single parent’’ as a person who is not married and who has custody of a child under the age of 18 pur- suant to a court order, expired on Sept. 30, 1991. § 12103. Reserve components: terms (a) Except as otherwise prescribed by law, en- listments as Reserves are for terms prescribed by the Secretary concerned. However, an enlist- ment that is in effect at the beginning of a war or of a national emergency declared by Con- gress, or entered into during such a war or emer- gency, and that would otherwise expire, con- tinues in effect until the expiration of six months after the end of that war or emergency, whichever is later, unless sooner terminated by the Secretary concerned. (b) Under regulations to be prescribed by the Secretary of Defense, and by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, a person who is qualified for enlist- ment for active duty in an armed force, and who is not under orders to report for induction into an armed force under the Military Selective Service Act (50 U.S.C. 3801 et seq.), may be en- listed as a Reserve for service in the Army Re- serve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve, for a term of not less than six years nor more than eight years. Each person enlisted under this sub- section shall serve— (1) on active duty for a period of not less than two years; and (2) the rest of his period of enlistment as a member of the Ready Reserve. (c) In time of war or of national emergency de- clared by Congress the term of service of an en- listed member transferred to a reserve compo- nent according to law, that would otherwise ex- pire, continues until the expiration of six months after the end of that war or emergency, whichever is later, unless sooner terminated by the Secretary concerned. (d) Under regulations to be prescribed by the Secretary of Defense, or the Secretary of Home- land Security with respect to the Coast Guard when it is not operating as a service in the Navy, a non-prior-service person who is qualified for induction for active duty in an armed force and who is not under orders to report for induc- tion into an armed force under the Military Se- lective Service Act (50 U.S.C. 3801 et seq.), ex- cept as provided in clauses (ii) and (iii) of sec- tion 6(c)(2)(A) of such Act (50 U.S.C. 3806(c)(2)(A)), may be enlisted in the Army Na- tional Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Re- serve, or Coast Guard Reserve, for a term of not less than six years nor more than eight years. Each person enlisted under this subsection shall perform an initial period of active duty for training of not less than twelve weeks to com- mence insofar as practicable within one year after the date of that enlistment. (Aug. 10, 1956, ch. 1041, 70A Stat. 18, § 511; Pub. L. 85–861, § 1(8), Sept. 2, 1958, 72 Stat. 1439; Pub. L. 88–110, § 3, Sept. 3, 1963, 77 Stat. 135; Pub. L. 90–168, § 2(11), Dec. 1, 1967, 81 Stat. 523; Pub. L. 94–106, title VIII, § 802(a), Oct. 7, 1975, 89 Stat. 537; Pub. L. 95–485, title IV, § 405(c)(1), Oct. 20, 1978, 92