10 U.S. Code § 513 - Enlistments: Delayed Entry Program
(a) A person with no prior military service who is qualified under section 505 of this title and applicable regulations for enlistment in a regular component of an armed force may (except as provided in subsection (c)) be enlisted as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve for a term of not less than six years nor more than eight years.
(1) Unless sooner ordered to active duty under chapter 39 of this title or another provision of law, a person enlisted under subsection (a) shall, within 365 days after such enlistment, be discharged from the reserve component in which enlisted and immediately be enlisted in the regular component of an armed force. The Secretary concerned may extend the 365-day period for any person for up to an additional 365 days if the Secretary determines that it is in the best interests of the armed force of which that person is a member to do so.
(c) A person who is under orders to report for induction into an armed force under the Military Selective Service Act (50 App. U.S.C. 451 et seq.), except as provided in clause (ii) or (iii) of section 6(c)(2)(A) of that Act, may not be enlisted under subsection (a).
Source(Added Pub. L. 101–189, div. A, title V, § 501(a)(1),Nov. 29, 1989, 103 Stat. 1435; amended Pub. L. 101–510, div. A, title XIV, § 1484(k)(2),Nov. 5, 1990, 104 Stat. 1719; Pub. L. 104–201, div. A, title V, § 512,Sept. 23, 1996, 110 Stat. 2514; Pub. L. 106–65, div. A, title V, § 572(a),Oct. 5, 1999, 113 Stat. 623; Pub. L. 107–296, title XVII, § 1704(b)(1),Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109–163, div. A, title V, § 515(b)(1)(A),Jan. 6, 2006, 119 Stat. 3233.)
References in Text
The Military Selective Service Act, referred to in subsec. (c), 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. Section 6 of the Act is classified to section 456 of Title 50, Appendix. 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.
A prior section 513, act Aug. 10, 1956, ch. 1041, 70A Stat. 18, related to promotion of enlisted members of Reserve components, prior to repeal by Pub. L. 85–861, § 36B(1),Sept. 2, 1958, 72 Stat. 1570.
2006—Subsec. (a). Pub. L. 109–163substituted “Navy Reserve” for “Naval Reserve”.
2002—Subsec. (d). Pub. L. 107–296substituted “of Homeland Security” for “of Transportation”.
1999—Subsec. (b)(1). Pub. L. 106–65substituted “additional 365 days” for “additional 180 days” in second sentence.
1996—Subsec. (b). Pub. L. 104–201inserted “The Secretary concerned may extend the 365-day period for any person for up to an additional 180 days if the Secretary determines that it is in the best interests of the armed force of which that person is a member to do so.” after first sentence, “(1)” before “Unless”, and “(2)” before “During” and substituted “paragraph (1)” for “the preceding sentence”.
1990—Subsecs. (b), (c). Pub. L. 101–510substituted “subsection (a)” for “paragraph (1)”.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) ofPub. L. 107–296, set out as a note under section 101 of this title.
Effective Date of 1999 Amendment
Pub. L. 106–65, div. A, title V, § 572(b),Oct. 5, 1999, 113 Stat. 623, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1999, and shall apply with respect to enlistments entered into, on or after that date.”
Army College First Pilot Program
Pub. L. 106–65, div. A, title V, § 573,Oct. 5, 1999, 113 Stat. 623, as amended by Pub. L. 107–107, div. A, title V, § 542(a)–(c), Dec. 28, 2001, 115 Stat. 1110, 1111; Pub. L. 107–314, div. A, title V, § 535, title X, § 1062(j)(1),Dec. 2, 2002, 116 Stat. 2548, 2651, directed the Secretary of the Army to establish a pilot program, known as the “Army College First” program, to be in effect from Oct. 1, 1999, to Sept. 30, 2004, to assess whether the Army could increase the number and qualifications of persons entering the Army as enlisted members by encouraging recruits to pursue higher education or vocational or technical training before entry into active service, and to submit to committees of Congress a report on the program not later than Feb. 1, 2004. See section 511 of this title and section 551(b) ofPub. L. 108–375, set out as a note under section 511 of this title.
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