(a)Any former enlisted member of the Regular Army who has served on active duty as an officer of the Army, or who was discharged as an enlisted 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 inception in line of duty, if
(1) his service as an officer is terminated by an honorable discharge or he is relieved from active duty for a purpose other than to await appellate review of a sentence 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 service.
(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—
(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 person during the active duty from which the person was released or discharged.
July 14, 1939, ch. 267, § 1 (less last proviso); restated 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 appropriate enlisted grade”. The words “he applies” are substituted for the words “application * * * shall be made”. The words “Hereafter” and “while on active duty” are omitted as surplusage.
2008—Subsec. (a). Pub. L. 110–181, § 506(a)(1), substituted “an officer” for “a Reserve officer” and “an appointment” for “a temporary appointment”.
Subsec. (b)(1). Pub. L. 110–181, § 506(a)(2)(A), substituted “an officer” for “a Reserve officer” in introductory provisions.
Subsec. (b)(2). Pub. L. 110–181, § 506(a)(2)(B), substituted “the commission” for “the Reserve commission”.
1992—Pub. L. 102–484designated existing provisions as subsec. (a), added subsec. (b), and struck out at end of subsec. (a) “However, if his service as an officer terminated by a general discharge, he may, under regulations to be prescribed by the Secretary of the Army, be so reenlisted.”
1958—Pub. L. 85–603limited entitlement to be reenlisted in enlisted grade to those officers whose service terminated by an honorable discharge and those relieved from active duty for a purpose other than to await appellate review of a sentence that includes dismissal or dishonorable discharge, and provided that persons whose service terminated by a general discharge, may, under regulations to be prescribed by the Secretary of the Army, be so reenlisted.
Effective Date of 1992 Amendment
Section 520(c) ofPub. L. 102–484provided that: “The amendments made by subsections (a) and (b) [amending this section and section
8258 of this title] shall apply to persons discharged 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].”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Statutes at Large
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