10 U.S.C. § 2104 — Advanced training; eligibility for

Page 1665 TITLE 10—ARMED FORCES § 2104 Editorial Notes AMENDMENTS 2021—Subsec. (a)(2). Pub. L. 116–283 substituted ‘‘Ma- rine Corps, or Space Force’’ for ‘‘or Marine Corps’’. 2006—Subsec. (b). Pub. L. 109–364 substituted ‘‘Eligi- bility’’ for ‘‘Eligibilty’’ in heading. 2004—Subsec. (d). Pub. L. 108–375 struck out heading and text of subsec. (d). Text read as follows: ‘‘No con- tract may be entered into under subsection (a)(1) after December 31, 2006.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 108–136, div. A, title V, § 523(c), Nov. 24, 2003, 117 Stat. 1464, provided that: ‘‘The amendments made by subsections (a) and (b) [enacting this section and amending section 209 of Title 37, Pay and Allowances of the Uniformed Services] shall take effect on January 1, 2004.’’ § 2104. Advanced training; eligibility for (a) Advanced training shall be provided to eli- gible members of the program and, if the insti- tution concerned so requests, to eligible appli- cants for membership in the program. (b) To be eligible for continuation, or initial enrollment, in the program for advanced train- ing, a person must— (1) be a citizen of the United States; (2) be selected for advanced training under procedures prescribed by the Secretary of the military department concerned; (3) enlist in an armed force under the juris- diction of the Secretary of the military de- partment concerned for the period prescribed by the Secretary; (4) contract, with the consent of his parent or guardian if he is a minor, with the Sec- retary of the military department concerned, or his designated representative, to serve for the period required by the program; (5) agree in writing that he will accept an appointment, if offered, as a commissioned of- ficer in the Army, Navy, Air Force, Marine Corps, or Space Force, as the case may be, and that he will serve in the armed forces for the period prescribed by the Secretary; (6) either— (A) complete successfully— (i) the first two years of a four-year Sen- ior Reserve Officers’ Training Corps course; or (ii) field training or a practice cruise of a duration which is prescribed by the Sec- retary concerned as a preliminary require- ment for admission to the advanced course; or (B) at the discretion of the Secretary con- cerned, agree in writing to complete field training or a practice cruise, as prescribed by the Secretary concerned, within two years after admission to the advanced course; and (7) execute a certificate of loyalty in such form as the Secretary of Defense prescribes or take a loyalty oath as prescribed by the Sec- retary. (c) A member of the program who is ineligible under subsection (b) for advanced training shall be released from the program. (d) This section does not apply to cadets and midshipmen appointed under section 2107, or for- eign students enrolled under section 2103(b), of this title. (Added Pub. L. 88–647, title II, § 201(1), Oct. 13, 1964, 78 Stat. 1065; amended Pub. L. 98–94, title X, § 1003(a)(2), Sept. 24, 1983, 97 Stat. 656; Pub. L. 98–525, title V, § 543(a), title XIV, § 1401(h), Oct. 19, 1984, 98 Stat. 2530, 2619; Pub. L. 104–106, div. A, title V, § 544, Feb. 10, 1996, 110 Stat. 317; Pub. L. 107–107, div. A, title V, § 535(a), Dec. 28, 2001, 115 Stat. 1106; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(DD), Jan. 1, 2021, 134 Stat. 3822.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in subsec. (b)(7) of this section were contained in the following appropriation acts: Pub. L. 98–473, title I, § 101(h) [title VIII, § 8018], Oct. 12, 1984, 98 Stat. 1904, 1926. Pub. L. 98–212, title VII, § 722, Dec. 8, 1983, 97 Stat. 1442. Pub. L. 97–377, title I, § 101(c) [title VII, § 722], Dec. 21, 1982, 96 Stat. 1833, 1854. Pub. L. 97–114, title VII, § 722, Dec. 29, 1981, 95 Stat. 1582. Pub. L. 96–527, title VII, § 723, Dec. 15, 1980, 94 Stat. 3085. Pub. L. 96–154, title VII, § 723, Dec. 21, 1979, 93 Stat. 1156. Pub. L. 95–457, title VIII, § 823, Oct. 13, 1978, 92 Stat. 1248. Pub. L. 95–111, title VIII, § 822, Sept. 21, 1977, 91 Stat. 903. Pub. L. 94–419, title VII, § 722, Sept. 22, 1976, 90 Stat. 1295. Pub. L. 94–212, title VII, § 722, Feb. 9, 1976, 90 Stat. 172. Pub. L. 93–437, title VIII, § 822, Oct. 8, 1974, 88 Stat. 1228. Pub. L. 93–238, title VII, § 723, Jan. 2, 1974, 87 Stat. 1042. Pub. L. 92–570, title VII, § 723, Oct. 26, 1972, 86 Stat. 1200. Pub. L. 92–204, title VII, § 723, Dec. 18, 1971, 85 Stat. 731. Pub. L. 91–668, title VIII, § 823, Jan. 11, 1971, 84 Stat. 2034. Pub. L. 91–171, title VI, § 623, Dec. 29, 1969, 83 Stat. 484. Pub. L. 90–580, title V, § 522, Oct. 17, 1968, 82 Stat. 1133. Pub. L. 90–96, title VI, § 622, Sept. 29, 1967, 81 Stat. 246. Pub. L. 89–687, title VI, § 622, Oct. 15, 1966, 80 Stat. 995. Pub. L. 89–213, title VI, § 622, Sept. 29, 1965, 79 Stat. 877. Pub. L. 88–446, title VI, § 522, Aug. 19, 1964, 78 Stat. 478. Pub. L. 88–149, title V, § 522, Oct. 17, 1963, 77 Stat. 267. Pub. L. 87–577, title V, § 522, Aug. 9, 1962, 76 Stat. 332. Pub. L. 87–144, title VI, § 622, Aug. 17, 1961, 75 Stat. 379. Pub. L. 86–601, title V, § 522, July 7, 1960, 74 Stat. 353. Pub. L. 86–166, title V, § 622, Aug. 18, 1959, 73 Stat. 382. Pub. L. 85–724, title VI, § 624, Aug. 22, 1958, 72 Stat. 728. Pub. L. 85–117, title VI, § 625, Aug. 2, 1957, 71 Stat. 327. July 2, 1956, ch. 488, title VI, § 625, 70 Stat. 471. July 13, 1955, ch. 358, title VI, § 629, 69 Stat. 320. June 30, 1954, ch. 432, title VII, § 731, 68 Stat. 356. AMENDMENTS 2021—Subsec. (b)(5). Pub. L. 116–283 substituted ‘‘Ma- rine Corps, or Space Force’’ for ‘‘or Marine Corps’’. 2001—Subsec. (b)(3). Pub. L. 107–107 struck out ‘‘a re- serve component of’’ before ‘‘an armed force’’. 1996—Subsec. (b)(6)(A)(ii). Pub. L. 104–106 substituted ‘‘a duration’’ for ‘‘not less than six weeks’ duration’’. 1984—Subsec. (a). Pub. L. 98–525, § 543(a)(1), struck out ‘‘, who have at least two academic years remaining at such educational institution’’ after ‘‘in the program’’. Page 1666 TITLE 10—ARMED FORCES § 2105 Subsec. (b)(6). Pub. L. 98–525, § 543(a)(2), inserted ini- tial word ‘‘either’’, redesignated existing subpars. (A) and (B) as cls. (i) and (ii) of subpar. (A), and added sub- par. (B). Subsec. (b)(7). Pub. L. 98–525, § 1401(h), added par. (7). 1983—Subsec. (a). Pub. L. 98–94 substituted ‘‘who have at least two academic years’’ for ‘‘who have two aca- demic years’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–525, title V, § 543(b), Oct. 19, 1984, 98 Stat. 2530, provided that: ‘‘The amendments made by sub- section (a) [amending this section] do not constitute authority for the enactment of new budget authority for a fiscal year beginning before October 1, 1984.’’ Amendment by section 1401(h) of Pub. L. 98–525 effec- tive Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as an Effective Date note under section 520b of this title. § 2105. Advanced training; failure to complete or to accept commission A member of the program who is selected for advanced training under section 2104 of this title, and who does not complete the course of instruction, or who completes the course but de- clines to accept a commission when offered, may be ordered to active duty by the Secretary of the military department concerned to serve in his enlisted grade or rating for such period of time as the Secretary prescribes but not for more than two years. If the member does not complete the period of active duty prescribed by the Secretary concerned, the member shall be subject to the repayment provisions of section 303a(e) or 373 of title 37. (Added Pub. L. 88–647, title II, § 201(1), Oct. 13, 1964, 78 Stat. 1066; amended Pub. L. 109–163, div. A, title VI, § 687(c)(4), Jan. 6, 2006, 119 Stat. 3334; Pub. L. 109–364, div. A, title X, § 1071(a)(11), Oct. 17, 2006, 120 Stat. 2398; Pub. L. 115–91, div. A, title VI, § 618(a)(1)(D), Dec. 12, 2017, 131 Stat. 1426.) Editorial Notes AMENDMENTS 2017—Pub. L. 115–91 inserted ‘‘or 373’’ before ‘‘of title 37’’. 2006—Pub. L. 109–364 inserted period at end. Pub. L. 109–163 inserted at end ‘‘If the member does not complete the period of active duty prescribed by the Secretary concerned, the member shall be subject to the repayment provisions of section 303a(e) of title 37’’. Statutory Notes and Related Subsidiaries SAVINGS PROVISION For savings provision relating to payment or repay- ment of any bonus, incentive pay, special pay, or simi- lar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(c) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of this title. § 2106. Advanced training; commission on com- pletion (a) Upon satisfactorily completing the aca- demic and military requirements of the program of advanced training, a member of the program who was selected for advanced training under section 2104 of this title may be appointed as a regular or reserve officer in the appropriate armed force in the grade of second lieutenant or ensign, even though he is under 21 years of age. (b) The date of rank of officers appointed under this section in May or June of any year is the date of graduation of cadets or midshipmen from the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy, as the case may be, in that year. The Secretary of the military de- partment concerned shall establish the date of rank of all other officers appointed under this section. (c) In computing length of service for any pur- pose, an officer appointed under this section may not be credited with enlisted service for the period covered by his advanced training, other than any period of enlisted service performed on or after August 1, 1979, as a member of the Se- lected Reserve. (Added Pub. L. 88–647, title II, § 201(1), Oct. 13, 1964, 78 Stat. 1066; amended Pub. L. 102–484, div. A, title V, § 517(a)(1), Oct. 23, 1992, 106 Stat. 2407; Pub. L. 104–201, div. A, title V, § 507(a)(1), Sept. 23, 1996, 110 Stat. 2512.) Editorial Notes AMENDMENTS 1996—Subsec. (c). Pub. L. 104–201 substituted ‘‘per- formed on or after August 1, 1979, as a member of the Selected Reserve’’ for ‘‘while serving on active duty other than for training after July 31, 1990, while a mem- ber of the Selected Reserve’’. 1992—Subsec. (c). Pub. L. 102–484 inserted before pe- riod at end ‘‘, other than any period of enlisted service while serving on active duty other than for training after July 31, 1990, while a member of the Selected Re- serve’’. Statutory Notes and Related Subsidiaries BENEFITS NOT TO ACCRUE FOR PERIODS PRIOR TO SEPTEMBER 23, 1996 Pub. L. 104–201, div. A, title V, § 507(c), Sept. 23, 1996, 110 Stat. 2512, provided that: ‘‘No increase in pay or re- tired or retainer pay shall accrue for periods before the date of the enactment of this Act [Sept. 23, 1996] by rea- son of the amendments made by this section [amending this section, sections 2107 and 2107a of this title, and section 205 of Title 37, Pay and Allowances of the Uni- formed Services].’’ § 2107. Financial assistance program for specially selected members (a) The Secretary of the military department concerned may appoint as a cadet or mid- shipman, as appropriate, in the reserve of an armed force under his jurisdiction any eligible member of the program who will be under 31 years of age on December 31 of the calendar year in which he is eligible under this section for ap- pointment as an ensign in the Navy or as a sec- ond lieutenant in the Army, Air Force, Marine Corps, or Space Force. (b) To be eligible for appointment as a cadet or midshipman under this section a member must— (1) be a citizen or national of the United States; (2) be specially selected for the financial as- sistance program under procedures prescribed