10 U.S.C. § 2109 — Practical military training

Page 1674 TITLE 10—ARMED FORCES § 2108 Course of the Army Reserve Officers’ Training Corps at a military college or civilian institution) that was en- tered into during the period beginning on January 1, 1991, and ending on July 12, 2000 (in addition to any agreement described in that paragraph that is entered into on or after the date of the enactment of this Act [Dec. 28, 2001]).’’ EFFECTIVE DATE Pub. L. 96–357, § 1(e), Sept. 24, 1980, 94 Stat. 1180, pro- vided that: ‘‘The amendments made by this section [en- acting this section and amending sections 2107 and 2108 of this title] shall take effect on October 1, 1980.’’ SAVINGS PROVISION Paragraph (3) of subsec. (c) of this section, as in effect on the day before Jan. 6, 2006, to continue to apply in the case of any individual selected before Jan. 6, 2006, for appointment as a cadet under this section, see sec- tion 531(c) of Pub. L. 109–163, set out as a note under section 2107 of this title. BENEFITS NOT TO ACCRUE FOR PERIODS PRIOR TO SEPTEMBER 23, 1996 No increase in pay or retired or retainer pay to ac- crue for periods before Sept. 23, 1996, by reason of amendments made by section 507 of Pub. L. 104–201, see section 507(c) of Pub. L. 104–201, set out as a note under section 2106 of this title. § 2108. Advanced standing; interruption of train- ing; delay in starting obligated service; re- lease from program (a) The Secretary of the military department concerned may give to any enlisted member of an armed force under his jurisdiction, or any person who has served on active duty in any armed force, such advanced standing in the pro- gram as may be justified by his education and training. (b) In determining a member’s eligibility for advanced training, the Secretary of the military department concerned may credit him with any military training that is substantially equiva- lent in kind to that prescribed for admission to advanced training and was received while he was taking a course of instruction in a program under the jurisdiction of another armed force or while he was on active duty in the armed forces. (c) The Secretary of the military department concerned may excuse from a portion of the pre- scribed course of military instruction, including field training and practice cruises, any person found qualified on the basis of his previous edu- cation, military experience, or both. (d) A person may become, remain, or be re- admitted as, a member of the advanced training program after receiving a baccalaureate degree or completing pre-professional studies if he has not completed the course of military instruction or all field training or practice cruises pre- scribed by the Secretary of the military depart- ment concerned. If a member of the program has been accepted for resident graduate or profes- sional study, the Secretary of the military de- partment concerned may delay the commence- ment of that member’s obligated period of ac- tive duty, and any obligated period of active duty for training or other service in an active or inactive status in a reserve component, until the member has completed that study. If a cadet appointed under section 2107a of this title has been accepted for a course of study at an accred- ited civilian educational institution authorized to grant baccalaureate degrees, the Secretary of the Army may delay the beginning of that mem- ber’s obligated period of service in a reserve component until the member has completed such course of study. (e) The Secretary of the military department concerned may, when he determines that the in- terest of the service so requires, release any per- son from the program and discharge him from his armed force. (Added Pub. L. 88–647, title II, § 201(1), Oct. 13, 1964, 78 Stat. 1068; amended Pub. L. 96–357, § 1(d), Sept. 24, 1980, 94 Stat. 1180.) Editorial Notes AMENDMENTS 1980—Subsec. (d). Pub. L. 96–357 authorized delay in starting obligated period of active duty for training or other service in an active or inactive status in a re- served component until completion of resident grad- uate or professional study or military junior college studies. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–357 effective Oct. 1, 1980, see section 1(e) of Pub. L. 96–357, set out as a note under section 2107a of this title. § 2109. Practical military training (a) For the further practical instruction of members of, and designated applicants for mem- bership in, the program, the Secretary of the military department concerned may prescribe and conduct practical military training, in addi- tion to field training and practice cruises pre- scribed under section 2104(b)(6) of this title. The Secretary concerned may require that some or all of the training prescribed under this sub- section must be completed by a member before the member is commissioned. (b) The Secretary of the military department concerned, with respect to practical military training prescribed under this section and field training and practice cruises prescribed under section 2104(b)(6) of this title, may— (1) transport members of, and designated ap- plicants for membership in, the program to and from the places designated for such train- ing or practice cruises and furnish them sub- sistence while traveling to and from those places, or, instead of furnishing them trans- portation and subsistence, pay them a travel allowance at the rate prescribed for cadets and midshipmen at the United States Military, Naval, and Air Force Academies for travel by the shortest usually traveled route from the places from which they are authorized to pro- ceed to the place designated for the training or cruise and return, and pay the allowance for the return trip in advance; (2) furnish medical attendance and supplies to members of, and designated applicants for membership in, the program while attending such training and practice cruises, and admit them to military hospitals; (3) furnish subsistence, uniform clothing, and equipment to members of, and designated Page 1675 TITLE 10—ARMED FORCES § 2110 applicants for membership in, the program while attending such training or practice cruises or, instead of furnishing uniform cloth- ing, pay them allowances at such rates as he may prescribe; and (4) use any member of, and designated appli- cants for membership in, an armed force, or any employee of the department, under his ju- risdiction, and such property of the United States as he considers necessary, for the train- ing and administration of members of, and designated applicants for membership in, the program at the places designated for training or practice cruises. (c)(1) A person who is not qualified for, and (as determined by the Secretary concerned) will not be able to become qualified for, advanced train- ing by reason of one or more of the requirements prescribed in paragraphs (1) through (3) of sec- tion 2104(b) of this title shall not be permitted to participate in— (A) field training or a practice cruise under section 2104(b)(6) of this title; or (B) practical military training under sub- section (a). (2) The Secretary of the military department concerned may waive the limitation in para- graph (1) under procedures prescribed by the Secretary. Such procedures shall ensure uniform application of limitations and restrictions with- out regard to the reason for disqualification for advanced training. (Added Pub. L. 88–647, title II, § 201(1), Oct. 13, 1964, 78 Stat. 1068; amended Pub. L. 89–51, § 2, June 28, 1965, 79 Stat. 173; Pub. L. 89–718, § 17, Nov. 2, 1966, 80 Stat. 1118; Pub. L. 100–456, div. A, title VI, § 633(a)(1)–(3)(A), Sept. 29, 1988, 102 Stat. 1986; Pub. L. 104–201, div. A, title V, § 551(a)(2), Sept. 23, 1996, 110 Stat. 2525; Pub. L. 105–85, div. A, title X, § 1073(a)(37), Nov. 18, 1997, 111 Stat. 1902.) Editorial Notes AMENDMENTS 1997—Subsec. (c)(1)(A). Pub. L. 105–85 substituted ‘‘section 2104(b)(6)’’ for ‘‘section 2106(b)(6)’’. 1996—Subsec. (c). Pub. L. 104–201 added subsec. (c). 1988—Pub. L. 100–456, § 633(a)(3)(A), substituted ‘‘Prac- tical military training’’ for ‘‘Field training; practice cruises’’ in section catchline. Subsec. (a). Pub. L. 100–456, § 633(a)(1), amended sub- sec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘For the further practical instruction of members of the program, the Secretary of the military department concerned may prescribe and conduct field training and practice cruises (other than field training and practice cruises prescribed under section 2104(b)(6)(B) of this title) which members must com- plete before they are commissioned.’’ Subsec. (b). Pub. L. 100–456, § 633(a)(2), inserted ‘‘, with respect to practical military training pre- scribed under this section and field training and prac- tice cruises prescribed under section 2104(b)(6) of this title,’’ before ‘‘may’’ in introductory provisions, and substituted ‘‘such training’’ for ‘‘field training’’ in pars. (1) to (3). 1966—Subsec. (b). Pub. L. 89–718 inserted ‘‘and’’ at end of par. (3). 1965—Subsec. (b). Pub. L. 89–51 inserted ‘‘, and des- ignated applicants for membership in,’’ after ‘‘members of’’ in pars. (1) to (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–456, div. A, title VI, § 633(e), Sept. 29, 1988, 102 Stat. 1987, provided that: ‘‘The amendments made by this section [amending this section, section 8140 of Title 5, Government Organization and Employees, sec- tion 209 of Title 37, Pay and Allowances of the Uni- formed Services, and section 101 of Title 38, Veterans’ Benefits] shall apply only with respect to training per- formed after September 30, 1988.’’ EFFECTIVE DATE OF 1965 AMENDMENT Pub. L. 89–51, § 4, June 28, 1965, 79 Stat. 173, provided that: ‘‘The effective date of this Act [amending this section and section 209 of Title 37, Pay and Allowances of the Uniformed Services, and enacting provisions set out as a note under section 2107 of this title] is October 13, 1964.’’ § 2110. Logistical support (a) The Secretary of the military department concerned may issue to institutions having units of the program, or to the officers of the armed force concerned who are designated as ac- countable or responsible for such property— (1) supplies, means of transportation includ- ing aircraft, arms and ammunition, and mili- tary textbooks and educational materials; and (2) uniform clothing, except that he may pay monetary allowances for uniform clothing at such rate as he may prescribe. (b) The Secretary of the military department concerned may provide, or contract with civil- ian flying or aviation schools or educational in- stitutions to provide, the personnel, aircraft, supplies, facilities, services, and instruction nec- essary for flight instruction and orientation for properly designated members of the program. (c) The Secretary of the military department concerned may transport members of, and des- ignated applicants for membership in, the pro- gram to and from installations when it is nec- essary for them to undergo medical or other ex- aminations or for the purposes of making visits of observation. He may also furnish them sub- sistence, quarters, and necessary medical care, including hospitalization, while they are at, or traveling to or from, such an installation. (d) The Secretary of the military department concerned may authorize members of, and des- ignated applicants for membership in, the pro- gram to participate in aerial flights in military aircraft and in indoctrination cruises in naval vessels. (e) The Secretary of the military department concerned may authorize such expenditures as he considers necessary for the efficient mainte- nance of the program. (f) The Secretary of the military department concerned shall require, from each institution to which property is issued under subsection (a), a bond or other indemnity in such amount as he considers adequate, but not less than $5,000, for the care and safekeeping of all property so issued except uniforms, expendable articles, and supplies expended in operation, maintenance, and instruction. The Secretary may accept a bond without surety if the institution to which the property is issued furnishes to him satisfac- tory evidence of its financial responsibility. (Added Pub. L. 88–647, title II, § 201(1), Oct. 13, 1964, 78 Stat. 1069; amended Pub. L. 89–718, § 18,