10 U.S.C. § 517 — Authorized enlisted end strength: members

Page 538 TITLE 10—ARMED FORCES § 515 ‘‘may’’ is substituted for the words ‘‘shall be permitted or allowed’’. The last sentence is substituted for 50 App.:458 (words between 1st and last semicolons). 50 App.:458 (words after last semicolon) is omitted as ap- plicable only to induction. § 515. Reenlistment after discharge as warrant officer A person who has been discharged from a reg- ular component of an armed force under section 1165 or 1166 of this title may, upon his request and in the discretion of the Secretary con- cerned, be enlisted in that armed force in the grade prescribed by the Secretary. However, a person discharged under section 1165 of this title may not be enlisted in a grade lower than the grade that he held immediately before appoint- ment as a warrant officer. (Aug. 10, 1956, ch. 1041, 70A Stat. 19.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 515 .......... 10:600d (last 36 words of last sentence). 34:135d (last 36 words of last sentence). 10:600m (last 21 words of 3d sentence). 34:430a (last 21 words of 3d sentence). May 29, 1954, ch. 249, §§ 6 (last 36 words of last sentence), 15 (last 21 words of 3d sentence), 68 Stat. 159, 164. The first 20 words are inserted for clarity. The word ‘‘request’’ is substituted for the word ‘‘application’’. § 516. Effect upon enlisted status of acceptance of appointment as cadet or midshipman (a) The enlistment or period of obligated serv- ice of an enlisted member of the armed forces who accepts an appointment as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy or in the Navy Reserve, may not be terminated because of the acceptance of that appointment. However, while serving as a cadet or midshipman at an Academy, he is entitled only to the pay, allow- ances, compensation, pensions, and other bene- fits provided by law for such a cadet or mid- shipman or, if he is a midshipman in the Navy Reserve, to the compensation and emoluments of a midshipman in the Navy Reserve. (b) If a person covered by subsection (a) is sep- arated from service as a cadet or midshipman, or from service as a midshipman in the Navy Re- serve, for any reason other than his appoint- ment as a commissioned officer of a regular or reserve component of an armed force or in the Space Force, or because of a physical disability, he resumes his enlisted status and shall com- plete the period of service for which he was en- listed or for which he has an obligation, unless he is sooner discharged. In computing the unex- pired part of an enlistment or period of obli- gated service for the purposes of this subsection, all service as a cadet or midshipman is counted as service under that enlistment or period of ob- ligated service. (Added Pub. L. 85–861, § 1(9)(A), Sept. 2, 1958, 72 Stat. 1439; amended Pub. L. 109–163, div. A, title V, § 515(b)(1)(B), Jan. 6, 2006, 119 Stat. 3233; Pub. L. 118–31, div. A, title XVII, § 1717(b)(8), Dec. 22, 2023, 137 Stat. 655.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 516(a) ...... 516(b) ...... 50:1411. 50:1412. June 25, 1956, ch. 439, §§ 1, 2, 70 Stat. 333. In subsection (a), the words ‘‘on or after June 25, 1956’’ are omitted as executed. The words ‘‘Regular, Re- serve’’ and ‘‘during the continuation of the cadet or midshipman status of such member’’ are omitted as surplusage. The words ‘‘if he is a midshipman in the Naval Reserve * * * of a midshipman in the Naval Re- serve’’ are substituted for the words ‘‘accruing to such reserve midshipman by virtue of his status in the Naval Reserve’’. In subsection (b), the words ‘‘a person covered by sub- section (a)’’ are substituted for 50:1412 (1st 84 words of 1st sentence). The words ‘‘his appointment as a com- missioned officer of’’ are substituted for the words ‘‘the acceptance of a commission in’’. The words ‘‘and shall complete the period of service for which he was enlisted or for which he has an obligation, unless he is sooner discharged’’ are substituted for 50:1412 (2d sentence). The words ‘‘promoted or’’ are omitted as unnecessary, since the only kind of promotion involved is that to of- ficer, in which case the member is discharged from his enlisted status. The words ‘‘as service under that en- listment’’ are substituted for the words ‘‘as time serv- iced under such contract’’. Editorial Notes AMENDMENTS 2023—Subsec. (b). Pub. L. 118–31 inserted ‘‘or in the Space Force,’’ after ‘‘armed force’’. 2006—Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’ wherever appearing. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 517. Authorized enlisted end strength: members in pay grades E–8 and E–9 (a) The authorized end strength for enlisted members on active duty (other than for train- ing) in an armed force in pay grades E–8 and E–9 as of the last day of a fiscal year may not be more than 3.0 percent and 1.25 percent, respec- tively, of the number of enlisted members of that armed force who are on active duty (other than for training). In computing the limitations prescribed in the preceding sentence, there shall be excluded enlisted members of an armed force on active duty as authorized under section 115(a)(1)(B) or 115(b) of this title, or excluded from counting for active duty end strengths under section 115(i) of this title. [(b) Repealed. Pub. L. 116–283, div. A, title IV, § 403(a)(3), Jan. 1, 2021, 134 Stat. 3556.] (c) Whenever under section 527 of this title the President may suspend the operation of any pro- vision of section 523, 525, or 526 of this title, the Secretary of Defense may suspend the operation of any provision of this section. Any such sus- pension shall, if not sooner ended, end in the Page 539 TITLE 10—ARMED FORCES § 517 manner specified in section 527 for a suspension under that section. (Added Pub. L. 87–649, § 2(1), Sept. 7, 1962, 76 Stat. 492; amended Pub. L. 96–584, § 4, Dec. 23, 1980, 94 Stat. 3377; Pub. L. 97–86, title V, § 503(1), (2), Dec. 1, 1981, 95 Stat. 1107, 1108; Pub. L. 97–252, title V, § 503(a), Sept. 8, 1982, 96 Stat. 727; Pub. L. 98–94, title V, § 503(a), Sept. 24, 1983, 97 Stat. 631; Pub. L. 98–525, title IV, §§ 413(a), 414(a)(2), Oct. 19, 1984, 98 Stat. 2517, 2518; Pub. L. 99–145, title IV, § 413(a), Nov. 8, 1985, 99 Stat. 619; Pub. L. 100–180, div. A, title IV, § 413(a), Dec. 4, 1987, 101 Stat. 1083; Pub. L. 101–189, div. A, title IV, § 413(a), Nov. 29, 1989, 103 Stat. 1433; Pub. L. 102–190, div. A, title IV, § 413(a), Dec. 5, 1991, 105 Stat. 1352; Pub. L. 103–160, div. A, title IV, § 413(a), Nov. 30, 1993, 107 Stat. 1642; Pub. L. 103–337, div. A, title V, § 552(a), title XVI, § 1662(a)(4), Oct. 5, 1994, 108 Stat. 2772, 2988; Pub. L. 105–261, div. A, title IV, § 407(a), title X, § 1069(a)(2), Oct. 17, 1998, 112 Stat. 1996, 2135; Pub. L. 106–398, § 1 [[div. A], title IV, § 421(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–95; Pub. L. 107–107, div. A, title IV, § 403, Dec. 28, 2001, 115 Stat. 1069; Pub. L. 108–375, div. A, title IV, § 416(f), Oct. 28, 2004, 118 Stat. 1868; Pub. L. 110–181, div. A, title IV, § 406, Jan. 28, 2008, 122 Stat. 89; Pub. L. 116–283, div. A, title IV, § 403(a), Jan. 1, 2021, 134 Stat. 3556.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 517 .......... 37:232(c) (last sentence). Oct. 12, 1949, ch. 681, § 201(c) (last sentence); added May 20, 1958, Pub. L. 85–422, § 1(3) (last sentence), 72 Stat. 124. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 403(a)(1), substituted ‘‘enlisted end strength’’ for ‘‘daily average’’ in section catchline. Subsec. (a). Pub. L. 116–283, § 403(a)(2), in first sen- tence, substituted ‘‘end strength for’’ for ‘‘daily aver- age number of’’, ‘‘as of the last day of a fiscal year’’ for ‘‘in a fiscal year’’, and ‘‘3.0 percent’’ for ‘‘2.5 percent’’ and struck out before period at end ‘‘on the first day of that fiscal year’’. Subsec. (b). Pub. L. 116–283, § 403(a)(3), struck out sub- sec. (b) which read as follows: ‘‘Whenever the number of members serving in pay grade E–9 is less than the num- ber authorized for that grade under subsection (a), the difference between the two numbers may be applied to increase the number authorized under such subsection for pay grade E–8.’’ 2008—Subsec. (a). Pub. L. 110–181 substituted ‘‘1.25 percent’’ for ‘‘1 percent’’. 2004—Subsec. (a). Pub. L. 108–375 substituted ‘‘as au- thorized under section 115(a)(1)(B) or 115(b) of this title, or excluded from counting for active duty end strengths under section 115(i) of this title.’’ for ‘‘(other than for training) in connection with organizing, ad- ministering, recruiting, instructing, or training the re- serve component of an armed force.’’ 2001—Subsec. (a). Pub. L. 107–107 substituted ‘‘2.5 per- cent’’ for ‘‘2 percent (or, in the case of the Army, 2.5 percent)’’. 2000—Subsec. (c). Pub. L. 106–398 added subsec. (c). 1998—Subsec. (a). Pub. L. 105–261, § 1069(a)(2), sub- stituted ‘‘The authorized’’ for ‘‘Except as provided in section 307 of title 37, the authorized’’. Pub. L. 105–261, § 407(a), substituted ‘‘a fiscal year’’ for ‘‘a calendar year’’ and ‘‘the first day of that fiscal year’’ for ‘‘January 1 of that year’’. 1994—Subsec. (a). Pub. L. 103–337, § 552(a), inserted ‘‘(or, in the case of the Army, 2.5 percent)’’ after ‘‘may not be more than 2 percent’’. Subsec. (b). Pub. L. 103–337, § 1661(a)(4)(B), redesig- nated subsec. (c) as (b) and struck out ‘‘or whenever the number of members serving in pay grade E–9 for duty described in subsection (b) is less than the number au- thorized for that grade under subsection (b),’’ after ‘‘under subsection (a),’’. Pub. L. 103–337, § 1662(a)(4)(A), struck out subsec. (b) which limited the number of enlisted members in pay grades E–8 and E–9 who could be on active duty (other than for training) or on full-time National Guard duty under the authority of section 502(f) of title 32 (other than for training) as of the end of any fiscal year in connection with organizing, administering, recruiting, instructing, or training the reserve components or the National Guard. Subsec. (c). Pub. L. 103–337, § 1662(a)(4)(B), redesig- nated subsec. (c) as (b). 1993—Subsec. (b). Pub. L. 103–160, in table, increased fiscal year limitation on number of enlisted men in pay grades E–8 and E–9 on active duty affecting reserve components of the Air Force to 328 and 840 from 279 and 800, respectively. 1991—Subsec. (b). Pub. L. 102–190, in table, increased fiscal year limitation on number of enlisted men in pay grade E–8 on active duty affecting reserve components of the Air Force from 670 to 800, and increased limita- tion on number of enlisted men in pay grade E–9 on ac- tive duty affecting reserve components of the Army from 557 to 569, the Air Force from 231 to 279, and the Marine Corps from 13 to 14. 1989—Subsec. (b). Pub. L. 101–189, § 413(a)(2), in table, increased fiscal year limitation on number of enlisted men in pay grades E–8 and E–9 on active duty affecting reserve components of the armed forces: Army, to 557 and 2,585 from 542 and 2,504, respectively; Navy, to 202 and 429 from 200 and 425, respectively; Air Force, to 231 and 670 from 224 and 637, respectively. Marine Corps fig- ures remained unchanged. Pub. L. 101–189, § 413(a)(1), in table, increased fiscal year limitation on number of enlisted men in pay grades E–8 and E–9 on active duty affecting reserve components of the armed forces: Army, to 542 and 2,504 from 529 and 2,350, respectively; Navy, to 200 and 425 from 180 and 400, respectively; Air Force, to 224 and 637 from 150 and 425, respectively. Marine Corps figures re- mained unchanged. 1987—Subsec. (b). Pub. L. 100–180, § 413(a)(2), in table, increased fiscal year limitation on number of enlisted men in pay grades E–8 and E–9 on active duty affecting reserve components of the armed forces: Army, to 529 and 2,350 from 517 and 2,295, respectively; Navy, to 180 and 400 from 175 and 390, respectively; Air Force, to 150 and 425 from 125 and 425, respectively. Marine Corps fig- ures remained unchanged. Pub. L. 100–180, § 413(a)(1), in table, increased fiscal year limitation on number of enlisted men in pay grades E–8 and E–9 on active duty affecting reserve components of the armed forces: Navy, to 175 and 390 from 165 and 381, respectively; Air Force, to 125 and 425 from 80 and 358, respectively; Marine Corps, to 13 and 74 from 9 and 74, respectively. Army figures remained un- changed. 1985—Subsec. (b). Pub. L. 99–145 in table, changed fis- cal year limitation on number of enlisted men in pay grades E–8 and E–9 on active duty affecting reserve components of the armed forces: Navy, to 165 and 381 from 156 and 381, respectively; Air Force, to 80 and 358 from 87 and 455, respectively. Army and Marine Corps figures remained unchanged. 1984—Subsec. (b). Pub. L. 98–525, § 414(a)(2), inserted ‘‘(other than for training) or on full-time National Guard duty under the authority of section 502(f) of title 32 (other than for training)’’ and substituted ‘‘or the National Guard’’ for ‘‘of the armed forces’’ and ‘‘for that grade and armed force’’ for ‘‘prescribed for the grade and the armed force’’. Pub. L. 98–525, § 413(a), in table, increased fiscal year limitation on number of enlisted men in pay grades E–8 Page 540 TITLE 10—ARMED FORCES § 518 and E–9 on active duty affecting reserve components of the armed forces: Army, to 2,295 and 517 from 1,494 and 314; Air Force, to 455 and 87 from 617 and 143; Marine Corps, to 74 and 9 from 56 and 6. Navy figures remained unchanged. 1983—Subsec. (b). Pub. L. 98–94 increased fiscal year limitation on number of enlisted men in pay grades E–8 and E–9 on active duty affecting reserve components of the armed forces: Army, to 1,494 and 314 from 1,244 and 265; Navy, to 381 and 156 from 329 and 156; Air Force, to 617 and 143 from 441 and 132; Marine Corps figures re- mained unchanged. 1982—Subsec. (b). Pub. L. 97–252 increased the num- bers in columns from 222, 146, 76, and 4 in the line for E–9 to 265, 156, 132, and 6, respectively, and from 908, 319, 307, and 12 in line for E–8 to 1,244, 329, 441, and 56, re- spectively. 1981—Subsec. (b). Pub. L. 97–86, § 503(1), inserted col- umn for ‘‘Marine Corps’’ in table and increased num- bers in existing columns headed ‘‘Army’’, ‘‘Navy’’, and ‘‘Air Force’’ from 209, 140, and 71 in line for E–9 to 222, 146, and 76, respectively, and from 823, 302, and 302 in line for E–8 to 908, 319, and 307, respectively. Subsec. (c). Pub. L. 97–86, § 503(2), added subsec. (c). 1980—Pub. L. 96–584 designated existing provisions as subsec. (a), inserted provisions respecting computation of limitations, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–261, div. A, title IV, § 407(b), Oct. 17, 1998, 112 Stat. 1996, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take ef- fect on October 1, 1999.’’ EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–337, div. A, title V, § 552(c), Oct. 5, 1994, 108 Stat. 2772, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall not apply with respect to the number of enlisted members of the Army on active duty in pay grade E–8 during 1994.’’ Amendment by section 1662(a)(4) of Pub. L. 103–337 ef- fective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–189, div. A, title IV, § 413(a)(2), Nov. 29, 1989, 103 Stat. 1433, provided that the amendment made by that section is effective Oct. 1, 1990. EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–180, div. A, title IV, § 413(a)(2), Dec. 4, 1987, 101 Stat. 1083, provided that the amendment made by that section is effective Oct. 1, 1988. EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–145, title IV, § 413(c), Nov. 8, 1985, 99 Stat. 620, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section and section 524 [now 12011] of this title] shall take effect on October 1, 1985.’’ EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–525, title IV, § 413(c), Oct. 19, 1984, 98 Stat. 2518, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section and section 524 [now 12011] of this title] shall take effect on October 1, 1984.’’ EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–94, title V, § 503(c), Sept. 24, 1983, 97 Stat. 631, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section and section 524 [now 12011] of this title] shall take effect on October 1, 1983.’’ EFFECTIVE DATE Section effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. TEMPORARY EXEMPTION FROM END STRENGTH GRADE RESTRICTIONS FOR THE SPACE FORCE Pub. L. 117–263, div. A, title V, § 526, Dec. 23, 2022, 136 Stat. 2572, provided that: ‘‘Section 517 and section 523 (as amended by section 501 of this Act) of title 10, United States Code, shall not apply to the Space Force until January 1, 2024.’’ Similar provisions were contained in the following prior acts: Pub. L. 117–81, div. A, title V, § 528(a), Dec. 27, 2021, 135 Stat. 1690. Pub. L. 116–283, div. A, title IX, § 929, Jan. 1, 2021, 134 Stat. 3832. AUTHORIZED ACTIVE DUTY STRENGTHS FOR ARMY EN- LISTED MEMBERS IN PAY GRADE E–8; SPECIAL RULE FOR 1995 Pub. L. 103–337, div. A, title V, § 552(b), Oct. 5, 1994, 108 Stat. 2772, provided that the percentage applicable to enlisted members of the Army in pay grade E–8 under subsec. (a) of this section during 1995 would be 2.3 per- cent, rather than the percentage provided by the amendment made by Pub. L. 103–337, § 552(a). AUTHORITY TO WAIVE GRADE STRENGTH LAWS FOR FIS- CAL YEAR 1991; CERTIFICATION; RELATIONSHIP TO OTHER SUSPENSION AUTHORITY Pub. L. 102–25, title II, §§ 201(b), 202, 205(b), Apr. 6, 1991, 105 Stat. 79, 80, authorized Secretary of a military de- partment to suspend, for fiscal year 1991, the operation of any provision of this section and section 523, 524 (now 12011), 525, or 526 of this title with respect to that mili- tary department, that such Secretary may exercise such authority only after submission to the congres- sional defense committees of a certification in writing that such authority is necessary because of personnel actions associated with Operation Desert Storm, and that such authority is in addition to the authority pro- vided in section 527 of this title. § 518. Temporary enlistments Temporary enlistments may be made only in the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be, with- out specification of component. (Added Pub. L. 90–235, § 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 755; amended Pub. L. 116–283, div. A, title IX, § 924(b)(2)(A)(iii), Jan. 1, 2021, 134 Stat. 3821.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘Marine Corps, Space Force,’’ for ‘‘Marine Corps,’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 519. Temporary enlistments: during war or emergency Except as provided in section 505 of this title and except for enlistments as Reserves of an armed force—