10 U.S. Code § 12104 - Reserve components: transfers
(a) A person who would otherwise be required to be transferred to a reserve component under section 651 of this title or under the Military Selective Service Act (50 App. U.S.C. 451 et seq.), is entitled, if he is qualified and accepted, to be enlisted in any armed force that he chooses and to participate in the programs authorized for that armed force. However, unless the two Secretaries concerned consent, he may not be enlisted as a Reserve of an armed force other than that from which he is transferred. All periods of his participation shall be credited against the total period of service required of him under section 651 of this title or under the Military Selective Service Act (50 App. U.S.C. 451 et seq.). However, no period may be credited more than once.
(b) A person covered by subsection (a) shall perform the rest of his required term of service in the armed force in which he is so enlisted or in any other armed force in which he is later enlisted or appointed.
Source(Aug. 10, 1956, ch. 1041, 70A Stat. 18, § 512; Pub. L. 96–513, title V, § 511(15),Dec. 12, 1980, 94 Stat. 2921; renumbered § 12104,Pub. L. 103–337, div. A, title XVI, § 1662(b)(2),Oct. 5, 1994, 108 Stat. 2989.)
|Revised section||Source (U.S. Code)||Source (Statutes at Large)|
|512(b)||50:929(a) (less 2d sentence, as applicable to enlistments).|
|50:929(a) (2d sentence, as applicable to enlistments).||July 9, 1952, ch. 608, § 209 (as applicable to enlistments), 66 Stat. 484.|
|512(c)||50:929(b) (as applicable to enlistments).|
In subsection (a), the words “is entitled * * * to be enlisted in any armed force that he chooses” are substituted for the words “shall * * * be permitted to enlist * * * in such Armed Force of the United States as he may elect”. The second sentence is substituted for 50:929(a) (words within parentheses). The words “of an Armed Force of the United States” are omitted as surplusage.
In subsection (b), the word “rest” is substituted for the words “remaining period”. The words “be required to” are omitted as surplusage.
In subsection (c), the words “This section does not” are substituted for the words “Nothing in this section shall be construed”. The word “change” is substituted for the words “reduce, limit, or modify”. The words “which any person may undertake to perform” are omitted as surplusage.
References in Text
The Military Selective Service Act, referred to in subsec. (a), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended, which is classified principally to section 451 et seq. of Title 50, Appendix, War and National Defense. For complete classification of this Act to the Code, see References in Text note set out under section 451 of Title 50, Appendix, and Tables.
1980—Subsec. (a). Pub. L. 96–513substituted “the Military Selective Service Act (50 App. U.S.C. 451 et seq.)” for “sections 451–473 of title 50, appendix” wherever appearing.
Effective Date of 1980 Amendment
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