10 U.S.C. § 515 — Reenlistment after discharge as warrant

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