10 U.S.C. § 7138 — Regular Army: reenlistment after service

Page 3002 TITLE 10—ARMED FORCES § 7131 United States or any instrumentality thereof were not counted in determining authorized strength under this section and subsec. (e) which had provided that the au- thorized strength of the Medical Service Corps in gen- eral officers on the active list of the Regular Army was one commissioned officer in the regular grade of briga- dier general. 1968—Subsec. (a). Pub. L. 90–329 substituted ‘‘Army Medical Department’’ for ‘‘Army Medical Service’’ in two places. 1966—Subsec. (e). Pub. L. 89–603 added subsec. (e). 1958—Subsec. (a). Pub. L. 85–861, § 1(66)(A), substituted ‘‘Subject to section 3202(a) of this title, the’’ for ‘‘The’’. Subsecs. (c) to (e). Pub. L. 85–861, § 1(66)(B), struck out subsec. (c) which prescribed the number of general offi- cers authorized for the active list of the Regular Army, and redesignated subsecs. (d) and (e) as (c) and (d), re- spectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. CHAPTER 713—ENLISTMENTS Sec. 7131. Definition. 7138. Regular Army: reenlistment after service as an officer. 7142. Army: percentage of high-school graduates. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 808(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 333 of this title as this chapter and items 3251, 3258, and 3262 as 7131, 7138, and 7142, respectively. 2015—Pub. L. 114–92, div. A, title VI, § 618(b), Nov. 25, 2015, 129 Stat. 841, struck out item 3252 ‘‘Bonus to en- courage Army personnel to refer persons for enlistment in the Army’’. 2008—Pub. L. 110–181, div. A, title VI, § 671(a)(2), Jan. 28, 2008, 122 Stat. 182, added item 3252. 2006—Pub. L. 109–163, div. A, title V, § 542(b)(2), Jan. 6, 2006, 119 Stat. 3253, struck out item 3253 ‘‘Army: persons not qualified’’. 2002—Pub. L. 107–314, div. A, title V, § 531(c), Dec. 2, 2002, 116 Stat. 2544, struck out item 3264 ‘‘18-month en- listment pilot program’’. 2001—Pub. L. 107–107, div. A, title V, § 541(a)(2), Dec. 28, 2001, 115 Stat. 1110, added item 3264. 1994—Pub. L. 103–337, div. A, title XVI, § 1672(b)(3), Oct. 5, 1994, 108 Stat. 3015, struck out items 3259 ‘‘Army Reserve: transfer from Army National Guard of United States’’, 3260 ‘‘Army Reserve: transfer to upon with- drawal as member of Army National Guard’’, and 3261 ‘‘Army National Guard of United States’’. 1986—Pub. L. 99–661, div. A, title IV, § 402(b), Nov. 14, 1986, 100 Stat. 3859, added item 3262. 1968—Pub. L. 90–235, § 2(a)(2)(C), Jan. 2, 1968, 81 Stat. 756, struck out item 3252 ‘‘Temporary enlistments’’, item 3254 ‘‘Army: during war or emergency’’, item 3255 ‘‘Regular Army: recruiting campaigns’’, item 3256 ‘‘Regular Army: qualifications, term, grade’’, item 3262 ‘‘Extension of enlistment for members needing medical care or hospitalization’’, and item 3263 ‘‘Voluntary ex- tension of enlistment’’. 1958—Pub. L. 85–861, § 1(71)(C), Sept. 2, 1958, 72 Stat. 1465, added item 3263. § 7131. Definition In this chapter, the term ‘‘enlistment’’ means original enlistment or reenlistment. (Aug. 10, 1956, ch. 1041, 70A Stat. 177, § 3251; Pub. L. 100–180, div. A, title XII, § 1231(19)(A), Dec. 4, 1987, 101 Stat. 1161; renumbered § 7131, Pub. L. 115–232, div. A, title VIII, § 808(b)(2), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3251 ......... [No source]. [No source]. The revised section is inserted for clarity. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3251 of this title as this section. 1987—Pub. L. 100–180 inserted ‘‘, the term’’ after ‘‘In this chapter’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 7138. Regular Army: reenlistment after service as an officer (a) Any former enlisted member of the Regular Army who has served on active duty as an offi- cer of the Army, or who was discharged as an en- listed member to accept an appointment as an officer of the Army, is entitled to be reenlisted in the Regular Army in the enlisted grade that he held before his service as an officer, without loss of seniority or credit for service, regardless of the existence of a vacancy in his grade or of a physical disability incurred or having its in- ception in line of duty, if (1) his service as an of- ficer is terminated by an honorable discharge or he is relieved from active duty for a purpose other than to await appellate review of a sen- tence that includes dismissal or dishonorable discharge, and (2) he applies for reenlistment within six months (or such other period as the Secretary of the Army prescribes for exceptional circumstances) after termination of that serv- ice. (b) A person is not entitled to be reenlisted under this section if— (1) the person was discharged or released from active duty as an officer on the basis of a determination of— (A) misconduct; (B) moral or professional dereliction; (C) duty performance below prescribed standards for the grade held; or (D) retention being inconsistent with the interests of national security; or (2) the person’s former enlisted status and grade was based solely on the participation by that person in a precommissioning program that resulted in the commission held by that Page 3003 TITLE 10—ARMED FORCES § 7142 person during the active duty from which the person was released or discharged. (Aug. 10, 1956, ch. 1041, 70A Stat. 179, § 3258; Pub. L. 85–603, § 1(1), Aug. 8, 1958, 72 Stat. 526; Pub. L. 102–484, div. A, title V, § 520(a), Oct. 23, 1992, 106 Stat. 2408; Pub. L. 110–181, div. A, title V, § 506(a), Jan. 28, 2008, 122 Stat. 96; renumbered § 7138, Pub. L. 115–232, div. A, title VIII, § 808(b)(2), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3258 ......... 10:631a (less last proviso). July 14, 1939, ch. 267, § 1 (less last proviso); re- stated May 29, 1954, ch. 249, § 19(b) (less last proviso), 68 Stat. 166. The words ‘‘former’’ and ‘‘as an enlisted member’’ are inserted for clarity. The words ‘‘credit for service’’ are substituted for the words ‘‘of service’’. The words ‘‘in his grade’’ are substituted for the words ‘‘in the appro- priate enlisted grade’’. The words ‘‘he applies’’ are sub- stituted for the words ‘‘application * * * shall be made’’. The words ‘‘Hereafter’’ and ‘‘while on active duty’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3258 of this title as this section. 2008—Subsec. (a). Pub. L. 110–181, § 506(a)(1), sub- stituted ‘‘an officer’’ for ‘‘a Reserve officer’’ and ‘‘an appointment’’ for ‘‘a temporary appointment’’. Subsec. (b)(1). Pub. L. 110–181, § 506(a)(2)(A), sub- stituted ‘‘an officer’’ for ‘‘a Reserve officer’’ in intro- ductory provisions. Subsec. (b)(2). Pub. L. 110–181, § 506(a)(2)(B), sub- stituted ‘‘the commission’’ for ‘‘the Reserve commis- sion’’. 1992—Pub. L. 102–484 designated existing provisions as subsec. (a), added subsec. (b), and struck out at end of subsec. (a) ‘‘However, if his service as an officer termi- nated by a general discharge, he may, under regula- tions to be prescribed by the Secretary of the Army, be so reenlisted.’’ 1958—Pub. L. 85–603 limited entitlement to be reen- listed in enlisted grade to those officers whose service terminated by an honorable discharge and those re- lieved from active duty for a purpose other than to await appellate review of a sentence that includes dis- missal or dishonorable discharge, and provided that persons whose service terminated by a general dis- charge, may, under regulations to be prescribed by the Secretary of the Army, be so reenlisted. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–484, div. A, title V, § 520(c), Oct. 23, 1992, 106 Stat. 2409, provided that: ‘‘The amendments made by subsections (a) and (b) [amending this section and section 8258 of this title] shall apply to persons dis- charged or released from active duty as commissioned officers in the Army Reserve or the Air Force Reserve, respectively, after the date of the enactment of this Act [Oct. 23, 1992].’’ § 7142. Army: percentage of high-school grad- uates Notwithstanding section 520(b) of this title, of the males with no prior military service who are enlisted or inducted into the Army during any fiscal year, the number who are not high-school graduates may not exceed, as of the end of the fiscal year, 35 percent of all such persons. (Added Pub. L. 99–661, div. A, title IV, § 402(a), Nov. 14, 1986, 100 Stat. 3859, § 3262; amended Pub. L. 100–370, § 1(a)(2), July 19, 1988, 102 Stat. 840; re- numbered § 7142, Pub. L. 115–232, div. A, title VIII, § 808(b)(2), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES 1988 ACT Amendment of section is based on Pub. L. 93–307, title IV, § 401, June 8, 1974, 88 Stat. 234, as amended by Pub. L. 93–365, title VII, § 705, Aug. 5, 1974, 88 Stat. 406. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3262 of this title as this section. 1988—Pub. L. 100–370 substituted ‘‘Notwithstanding section 520(b) of this title, of’’ for ‘‘Of’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. CHAPTER 715—APPOINTMENTS IN THE REGULAR ARMY Sec. 7151. Commissioned officer grades. 7152. General officers: title of office. 7153. Commissioned officers: appointment without specification of branch; transfer between branches. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 808(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 335 of this title as this chapter and items 3281 to 3283 as 7151 to 7153, respectively. Pub. L. 115–232, div. A, title V, § 511(b), Aug. 13, 2018, 132 Stat. 1751, struck out item 3310 ‘‘Warrant officers: original appointment; qualifications’’. 1980—Pub. L. 96–513, title V, § 502(8), Dec. 12, 1980, 94 Stat. 2909, struck out items 3284 ‘‘Commissioned offi- cers: appointment, how made’’, 3285 ‘‘Commissioned of- ficers: original appointment; qualifications’’, 3286 ‘‘Commissioned officers: original appointment; age lim- itations’’, 3287 ‘‘Commissioned officers: original ap- pointment; service credit’’, 3288 ‘‘Commissioned offi- cers: original appointment; determination of grade’’, 3289 ‘‘Commissioned officers; Medical Corps: original appointment; professional examination’’, 3290 ‘‘Com- missioned officers; Medical Service Corps: original ap- pointment; additional qualifications, grade’’, 3291 ‘‘Commissioned officers: Army Nurse Corps and Army Medical Specialist Corps: original appointment; addi- tional qualifications, grade’’, 3292 ‘‘Commissioned offi- cers; Judge Advocate General’s Corps: original appoint- ment; additional qualifications, grade’’, 3293 ‘‘Commis- sioned officers; Chaplains: original appointment; exam-