HISTORICAL AND REVISION NOTES such regulations as the Secretary concerned may prescribe. (c) This section does not deprive a person of any right to be reenlisted in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard under any other provision of law. (Added Pub. L. 90-235, § 2(a) (1) (B), Jan. 2, 1968, 81 Stat. 755.) § 509. Voluntary extension of enlistments: periods and benefits. (a) Under such regulations as the Secretary concerned may prescribe, the term of enlistment of a member of an armed force may be extended or reextended with his written consent for any period. However, the total of all such extensions of an enlistment may not exceed four years. (b) When a member is discharged from an enlistment that has been extended under this section, he has the same rights, privileges, and benefits that he would have if discharged at the same time from an enlistment not so extended. (Added Pub. L. 90-235, § 2(a) (1) (B), Jan. 2, 1968, 81 Stat. 754.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 37 section 906. § 510. Reserve components: qualifications. (a) To become an enlisted member of a reserve component a person must be enlisted as a Reserve of an armed force and subscribe to the oath prescribed by section 502 of this title, or be transferred to that component according to law. In addition, to become an enlisted member of the Army National Guard of the United States or the Air National Guard of the United States, he must meet the requirements of section 3261 or 8261 of this title. (b) Except as otherwise provided by law, the Secretary concerned shall prescribe physical, mental, moral, professional, and age qualifications for the enlistment of persons as Reserves of the armed forces under his jurisdiction. However, no person may be enlisted as a Reserve unless (1) he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under chapter 12 of title 8; or (2) he has previously served in the armed forces or in the National Security Training Corps. (c) Women may be enlisted as Reserves of the armed forces. Women are enlisted in the grades and ratings authorized for enlisted women of the regular component of the armed force concerned. Any female former enlisted member of an armed force may, if otherwise qualified, be enlisted as a Reserve of that armed force in the highest grade or rating in which she previously served satisfactorily on active duty (other than for training). (d) A person who is otherwise qualified, but who has a physical defect that the Secretary concerned determines will not interfere with the performance of the duties to which that person may be assigned, may be enlisted as a Reserve of any armed force under the jurisdiction of that Secretary. (Aug. 10, 1956, ch. 1041, 70A Stat. 17; Dec. 23, 1963, Pub. L. 88-236, 77 Stat. 474; Nov. 8, 1967, Pub. L. 90-130, 1(2), 81 Stat. 374; Oct. 22, 1968, Pub. L. 90-623, § 2(3), 82 Stat. 1314.) In subsection (a), the last sentence is inserted to reflect sections 3261 and 8261 of this title. In subsection (b), the word "However" is substituted for the words "Subject to the limitation that". The words "as Reserves in the armed forces under his jurisdiction" are substituted for the words "of Reserve members of the Armed Forces of the United States". The words "its Territories" are omitted as surplusage, since citizens of the Territories are citizens of the United States. In subsection (c), the words "armed force concerned" are substituted for the words "of the appropriate Armed Force of the United States". The words "in which she previously served satisfactorily" are substituted for the words "satisfactorily held by her". In subsection (d), the words "under the jurisdiction of that Secretary" are inserted for clarity. The words "general or special" are omitted as surplusage. AMENDMENTS 1968 Subsec. (a). Pub. L. 90-623 substituted "section 502" for "section 501". 1967-Subsec. (c). Pub. L. 90-130 struck out provision limiting the reserve components in which women may be enlisted as Reserves of the armed forces to the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, and Coast Guard Reserve. 1963-Subsec. (b)(1). Pub. L. 88-236 substituted "he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under chapter 12 of title 8" for "he is, or has made a declaration of intention to become, a citizen of the United States or of a possession thereof". EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-623, set out as a note under section 5334 of Title 5, Government Organization and Employees. CROSS REFERENCES National Security Training Corps, see section 454 of Appendix to Title 50, War and National Defense. Transfers Air Force Reserve, see sections 8259, 8260 of this title. Army Reserve, see sections 3259, 3260 of this title. § 511. Reserve components: terms. (a) Except as otherwise prescribed by law, enlistments as Reserves are for terms prescribed by the Secretary concerned. However, an enlistment that is in effect at the beginning of a war or of a national emergency declared by Congress, or entered into during such a war or emergency, and that would otherwise expire, continues in effect until the expiration of six months after the end of that war or emergency, whichever is later, unless sooner terminated by the Secretary concerned. (b) Under regulations to be prescribed by the Secretary concerned, a person who is qualified for enlistment for active duty in an armed force, and who is not under orders to report for induction into an armed force under sections 451-473 of title 50, appendix, may be enlisted as a Reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve, for a term of six years. Each person enlisted under this subsection shall serve (1) on active duty for a period of two years; (2) satisfactorily as a member of the Ready Reserve for a period that, when added to his active duty under clause (1), totals five years; and (3) the rest of his period of enlistment as a member of the Standby Reserve. (c) In time of war or of national emergency declared by Congress the term of service of an enlisted member transferred to a reserve component according to law, that would otherwise expire, continues until the expiration of six months after the end of that war or emergency, whichever is later, unless sooner terminated by the Secretary concerned. (d) Under regulations to be prescribed by the Secretary of Defense, or the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, a non-priorservice person who is under 26 years of age, who is qualified for induction for active duty in an armed force, and who is not under orders to report for induction into an armed force under the Military Selective Service Act of 1967 (50 App. U.S.C. 451473), except as provided in section 6(c) (2) (A) (ii) and (iii) of such Act, may be enlisted in the Army National Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve, for a term of six years. Each person enlisted under this subsection shall perform an initial period of active duty for training of not less than four months to commence insofar as practicable within 180 days after the date of that enlistment. (Aug. 10, 1956, ch. 1041, 70A Stat. 18; Sept. 2, 1958, Pub. L. 85-861, § 1(8), 72 Stat. 1439; Sept. 3, 1963, Pub. L. 88-110, § 3, 77 Stat. 135; Dec. 1, 1967, Pub. L. 90-168, § 2(11), 81 Stat. 523.) HISTORICAL AND REVISION NOTES Source (Statutes at Large) 1963-Subsec. (d). Pub. L. 88-110 added subsec. (d). 1958-Subsec. (b). Pub. L. 85-861, § 1(8) (A), added subsec. (b) and redesignated former subsec. (b) as (c). Subsec. (c). Pub. L. 85–861, § 1(8) (B), redesignated former subsec. (b) as (c). EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-168 effective on the first day of the first calendar month following the date of enactment of Pub. L. 90-168, which was approved on Dec. 1, 1967, see section 7 of Pub. L. 90-168, set out as a note under section 136 of this title. CROSS REFERENCES Extension of enlistment term of officer candidates, see section 600 (b) of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 564 of this title; title 5 section 2108; title 38 sections 1652, 1701. § 512. 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 sections 451-473 of title 50, appendix, 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 sections 451-473 of title 50, appendix. 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. (c) This section does not change any term of service under an appointment, enlistment, or agreement, including an agreement made before or at the time when the member entered upon a program authorized by an armed force. (Aug. 10, 1956, ch. 1041, 70A Stat. 18.) In subsection (a), the first sentence is substituted for 50: 951 (a). The words "as Reserves in the Armed Forces of the United States" and "the existence of" are omitted as surplusage. In subsections (a) and (b), the word "hereafter" is omitted as surplusage. The words "the expiration of" are inserted for clarity. In subsection (b), the word "continues" is substituted for the words "shall be extended". AMENDMENTS 1967-Subsec. (d). Pub. L. 90-168 substituted the Secretary of Transportation for the Secretary of the Treasury as the prescribing authority for regulations covering the Coast Guard when not operating as part of the Navy, inserted exception as provided in section 6(c) (2) (A) (11) and (111) of the Military Selective Service Act of 1967, added requirement that the initial period of four months' service commence insofar as practicable within 180 days after the date of enlistment, and struck out provision that the remainder of the period of service after the initial period of four months be served, subject to section 269 (e) (4) of this title, as a member of the Ready Reserve. Source (U. S. Code) 50: 929 (a) (less 2d sentence, as applicable to enlistments). 50: 929 (a) (2d sentence, as applicable to enlistments). 50: 929 (b) (as applicable to enlistments). Source (Statutes at Large) July 9, 1952, ch. 608, § 209 (as applicable to enlistments), 66 Stat. 484. 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 § 513. Repealed. Pub. L. 85-861, § 36B (1), Sept. 2, 1958, 72 Stat. 1570. Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 18, related to promotion of enlisted members of Reserve components. § 514. Bounties prohibited; substitutes prohibited. (a) No bounty may be paid to induce any person to enlist in an armed force. A clothing allowance or enlistment bonus authorized by law is not a bounty for the purposes of this subsection. (b) No person liable for active duty in an armed force under this subtitle may furnish a substitute for that active duty. No person may be enlisted or appointed in an armed force as a substitute for another person. (Aug. 10, 1956, ch. 1041, 70A Stat. 19.) Bounties for induction and substitutes for training and service in an armed force prohibited, see section 458 of Appendix to Title 50, War and National Defense. Clothing allowance for enlisted personnel, see section 418 of Title 37, Pay and Allowances of the Uniformed Services. § 515. Reenlistment after discharge as warrant officer. A person who has been discharged from a regular component of an armed force under section 1165 or 1166 of this title may, upon his request and in the discretion of the Secretary concerned, be enlisted in that armed force in the grade prescribed by the Secretary. However, a person discharged under section 1165 of this title may not be enlisted in a grade lower than the grade that he held immediately before appointment as a warrant officer. (Aug. 10, 1956, ch. 1041, 70A Stat. 19.) CROSS REFERENCES Enlistment instead of discharge of warrant officer on second failure of promotion, see section 564 (a) (3) (A) of this title. Section not applicable to warrant officers of former Life Saving Service, Lighthouse Service, etc., see section 438 of Title 14, Coast Guard. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1165, 1166 of this title; title 14 section 438. § 516. Effect upon enlisted status of acceptance of appointment as cadet or midshipman. (a) The enlistment or period of obligated service of an enlisted member of the armed forces who accepts an appointment as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy or in the Naval Reserve, may not be terminated because of the acceptance of that appointment. However, while serving as a cadet or midshipman at an Academy, he is entitled only to the pay, allowances, compensation, pensions, and other benefits provided by law for such a cadet or midshipman or, if he is a midshipman in the Naval Reserve, to the compensation and emoluments of a midshipman in the Naval Reserve. (b) If a person covered by subsection (a) is separated from service as a cadet or midshipman, or from service as a midshipman in the Naval Reserve, for any reason other than his appointment as a commissioned officer of a regular or reserve component of an armed force or because of a physical disability, he resumes his enlisted status and shall complete the period of service for which he was enlisted or for which he has an obligation, unless he is sooner discharged. In computing the unexpired part of an enlistment or period of obligated service for the purposes of this subsection, all service as a cadet or midshipman is counted as service under that enlistment or period of obligated service. (Added Pub. L. 85-861, § 1 (9) (A), Sept. 2, 1958, 72 Stat. 1439.) HISTORICAL AND REVISION NOTES In subsection (a), the words "on or after June 25, 1956" are omitted as executed. The words "Regular, Reserve" and "during the continuation of the cadet or midshipman status of such member" are omitted as surplusage. The words "if he is a midshipman in the Naval Reserve * of a midshipman in the Naval Reserve" are substituted for the words "accruing to such reserve midshipman by virtue of his status in the Naval Reserve". In subsection (b), the words "a person covered by subsection (a)" are substituted for 50: 1412 (1st 84 words of 1st sentence). The words "his appointment as a commissioned officer of" are substituted for the words "the acceptance of a commission in". The words "and shall complete the period of service for which he was enlisted or for which he has an obligation, unless he is sooner discharged" are substituted for 50: 1412 (2d sentence). The words "promoted or" are omitted as unnecessary, since the only kind of promotion involved is that to officer, in which case the member is discharged from his enlisted status. The words "as service under that enlistment" are substituted for the words "as time served under such contract". 8517. Authorized daily average: members in pay grades E-8 and E-9. Except as provided in section 307 of title 37, the authorized daily average number of enlisted members on active duty (other than for training) in an armed force in pay grades E-8 and E-9 in a calendar year may not be more than 2 percent and 1 percent, respectively, of the number of enlisted members of that armed force who are on active duty (other than for training) on January 1 of that year. (Added Pub. L. 87-649, § 2(1), Sept. 7, 1962, 76 Stat. 492.) HISTORICAL AND REVISION NOTES Section effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. § 518. Temporary enlistments. Temporary enlistments may be made only in the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be, without specification of component. (Added Pub. L. 90-235, § 2(a) (1) (B), Jan. 2, 1968, 81 Stat. 755.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1172 of this title. § 519. Temporary enlistments: during war or emergency. Except as provided in section 505 of this title and except for enlistments as Reserves of an armed force (1) temporary enlistments in an armed force entered into in time of war or of emergency declared by Congress shall be for the duration of the war or emergency plus six months; and (2) only persons at least eighteen years of age and otherwise qualified under regulations to be prescribed by the Secretary concerned are eligible for such enlistments. (Added Pub. L. 90-235, § 2(a) (1) (B), Jan. 2, 1968, 81 Stat. 755.) Sec. 564. Warrant officers: effect of second failure of promotion. 565. Warrant officers: suspension of laws for promotion or mandatory retirement or separation during war or emergency. CROSS REFERENCES Particular provisions relating to appointments— Regular Air Force, see section 8281 et seq. of this title. Regular Army, see section 3281 et seq. of this title. Regular Coast Guard, see sections 212, 214 of Title 14, Coast Guard. Regular Navy and Regular Marine Corps, see section 5571 et seq. of this title. § 541. Graduates of the United States Military, Naval, and Air Force Academies. (a) Notwithstanding any other provision of law, each cadet at the United States Military Academy or the United States Air Force Academy, and each midshipman at the United States Naval Academy, is entitled, before graduating from that Academy, to state his preference for appointment, upon graduation, as a commissioned officer in either the Army, Navy, Air Force, or Marine Corps. (b) With the consent of the Secretary of the military department administering the Academy from which the cadet or midshipman is to be graduated, and of the Secretary of the military department having jurisdiction over the armed force for which that graduate stated his preference, the graduate is entitled to be accepted for appointment in that armed force. However, not more than 122 percent of any graduating class at an Academy may be appointed in armed forces not under the jurisdiction of the military department administering that Academy. (c) The Secretary of Defense shall, by regulation, provide for the equitable distribution of appointments in cases where more than 121⁄2 percent of the graduating class of any Academy request appointment in armed forces not under the jurisdiction of the military department administering that Academy. (Aug. 10, 1956, ch. 1041, 70A Stat. 19.) HISTORICAL AND REVISION NOTES 541 (c). sen (a) (1st tence, less 1st 59 words); 10: 1856 (a) (1st sentence, less 1st 59 words); 34: 1057-1 (a) (1st sentence, less 1st 59 words). 10: 1902c-1 (less (a)); 10: 1856 (less (a)); 34: 1057-1 (less (a)). Source (Statutes at Large) Apr. 1, 1954, ch. 127, 8, 69 Stat. 49. to" In subsection (a), the words "is entitled ⚫ are substituted for the words "shall * •⚫ be afforded an opportunity to". In subsection (b), the words "is entitled" are substituted for the word "shall". In subsection (c), the words "and fair" are omitted as surplusage. 10:1092c-1 (c), 10:1856 (c), and 34:1057-1 (c) are omitted as covered by section 51 (a) of the bill. EFFECTIVE DATE Section 52 (a) of act Aug. 10, 1956, provided that: "Section 541 of title 10, United States Code [this section], enacted by section 1 of this Act, takes effect (1) in the year in which the initial class graduates from the United States Air Force Academy, or (2) upon the rescission of the agreement under which graduates of the United States Military Academy and the United States Naval Academy may volunteer for appointment in the Air Force, whichever is earlier." APPOINTMENT OF UNITED STATES MILITARY ACADEMY GRADUATES IN AIR FORCE Section 44 of act Aug. 10, 1956, provided that: "(a) Notwithstanding any other provision of law, a cadet who graduates from the United States Military Academy may, upon graduation and before the effective date of section 541 of title 10 [this section], United States Code, be appointed a second lieutenant in the Regular Air Force. "(b) Notwithstanding any other provision of law, no person who was a cadet at the United States Military Academy may be originally appointed in a commissioned grade in the Regular Air Force under this section before the date on which his classmates at the Academy are graduated and appointed as officers. No person who was a cadet at, but did not graduate from, the Academy may be credited, upon appointment as a commissioned officer of the Regular Air Force, with longer service than that credited to any member of his class at the Academy whose service in the Air Force, or in the Army and the Air Force, has been continuous since graduation. "(c) A graduate of the United States Military Academy who is originally appointed a second lieutenant in the Regular Air Force under this section is not entitled to any service credit under this section. "(d) Rank among graduates of each class of the United States Military Academy who, upon graduation, are appointed in the Regular Air Force under this section shall be fixed under regulations prescribed by the Secretary of the Air Force. "(e) The authorized strength in any regular grade is automatically increased to the minimum extent necessary to give effect to each appointment made under this section. An authorized strength so increased is increased for no other purpose, and while he holds that grade the officer whose appointment caused the increase is counted for the purpose of determining when other appointments, not under this section, may be made in that grade." CROSS REFERENCES Commission on graduation Cadets, see sections 4353, 9353 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3212, 8212 of this title. § 555. Warrant officers: grades. (a) The regular warrant officer grades in each armed force corresponding to the pay grades prescribed for warrant officers by section 201(d) of title 37 are as follows: Warrant officer grade: Chief warrant officer, W-4 Chief warrant officer, W-3 Chief warrant officer, W-2 (b) Appointments of regular chief warrant officers of the Army and the Air Force shall be made by warrant by the Secretary concerned. Permanent appointments of regular chief warrant officers of the Navy, Marine Corps, and Coast Guard shall be made by commission by the President, by and with the advice and consent of the Senate. Permanent appointments of regular warrant officers, W-1, shall be made by warrant by the Secretary concerned. (Aug. 10, 1956, ch. 1041, 70A Stat. 20; Sept. 7, 1962, Pub. L. 87-649, §§ 6(f) (2), 14c(2), 76 Stat. 494, 501.) Revised section 555 (a).. HISTORICAL AND REVISION NOTES Source (U. S. Code) 10: 600a (a) (less 3d and last sentences, as applicable to permanent regular appointments); 34: 135a (a) (less last sentence, as applicable to permanent regular appointments). 555 (b).... 10: 600a (a) (3d sentence, as applicable to permanent regular appointments); 10: 600c (a) (less last sentence); 10: 600c (a) (last sentence, as applicable to permanent regular appointments); 34: 1358 (a) (last sentence, as applicable to permanent regular appointments); 34: 135c (a) (less last sentence); 34: 135c (a) (last sentence, as applicable to permanent regular appointments.) Source (Statutes at Large) May 29, 1954, ch. 249, §§ 3 (a) (less last sentence, as applicable to permanent regular appointments), 5 (a) (less last sentence), 5 (a) (last sentence, as applicable to permanent regular appointments), 68 Stat. 157, 159. In subsection (a), the words "hereby established" are omitted as executed. The words "each armed force" are substituted for the enumeration of those forces. In subsection (b), the words "W-4, W-3, and W-2" and "persons" are omitted as surplusage. AMENDMENTS 1962-Subsec. (a). Pub. L. 87-649 substituted "section 201 (d) of title 37" for "section 232(a) of title 37", and repealed provisions which related to pay grade. See section 201 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-649, effective on Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. CROSS REFERENCES Definition of warrant officer, see section 101 (16) of this title. Grades Applicability to permanent reserve warrant officers, see section 597 (a) of this title. Navy and Marine Corps, see section 5503 of this title. Pay grades, see section 201 of Title 37, Pay and Allowances of the Uniformed Services. Qualifications for original appointment Army and Air Force, see sections 3310, 8310 of this title. Coast Guard, see section 213 of Title 14, Coast Guard. Reserve warrant officers, appointment, see section 597 of this title. Section not applicable to warrant officers of former Life Saving Service, Lighthouse Service, etc., see section 438 of Title 14, Coast Guard. Temporary appointments Army, see section 3448 of this title. Coast Guard, see section 214 of Title 14, Coast Guard. Naval Reserve and Marine Corps Reserve, see section 5598 of this title. Navy and Marine Corps, see sections 5596, 5597 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 556, 597, 3448, 8448 of this title; title 14 section 438. § 556. Warrant officers: original appointment; service credit. For the purposes of promotion, persons originally appointed in regular warrant officer grades under section 555 of this title shall be credited with such service as the Secretary concerned may prescribe. However, such a person may not be credited with |