10 U.S.C. § 2105 — Advanced training; failure to complete or

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