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119th Congress

Title 10 — Armed Forces

Part II · Chapter 1203 — Enlisted Members

§ 12102. Reserve components: qualifications

Statutory text

(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 12107 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 the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or

(2)

he has previously served in the armed forces or in the National Security Training Corps.

(c)

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 17, § 510 · 70A Stat. 17

    Enacted · 10 U.S.C. § 12102

    Aug. 10, 1956, ch. 1041, 70A Stat. 17, § 510

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 17, § 510

  2. Pub. L. 88–236 · 77 Stat. 474

    Substituted · 10 U.S.C. § 12102(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”

    Source evidence

    Code amendment note
    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”.

  3. Pub. L. 90–130 § 1(2) · 81 Stat. 374

    Struck · 10 U.S.C. § 12102(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) Section 123 (a) is amended by striking out “3391,”.

  4. Pub. L. 90–623 § 2(3) · 82 Stat. 1312

    Substituted · 10 U.S.C. § 12102(a)

    Pub. L. 90–623 substituted “section 502” for “section 501”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 90–623 substituted “section 502” for “section 501”.

    Enacted provision · exact public law section
    (3) In section 510(a) strike out “section 501” and insert “section 502” in place thereof;

  5. Defense Officer Personnel Management Act

    Pub. L. 96–513 title V § 511(13) · 94 Stat. 2835

    Substituted · 10 U.S.C. § 12102(b)(1)

    Pub. L. 96–513 substituted “the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)” for “chapter 12 of title 8”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 96–513 substituted “the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)” for “chapter 12 of title 8”.

    Enacted provision · exact public law section
    (13) Section 510(b)(1) is amended by striking out “chapter 12 of title 8” and inserting in lieu thereof “the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)”.

  6. Reserve Officer Personnel Management Act

    Pub. L. 103–337 § 1662(b)(2) · 108 Stat. 2663

    Changed · 10 U.S.C. § 12102

    Pub. L. 103–337, § 1662(b)(2), renumbered section 510 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 103–337, § 1662(b)(2), renumbered section 510 of this title as this section.

    Enacted provision · exact public law section
    (2) Sections 510 (as amended by section 1631(a)), 511, and 512 are transferred to chapter 1203, as added by paragraph (1), inserted after section 12101, and redesignated as follows: Section Redesignated section  510 12102  511 12103  512 12104

    Effective date note
    Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

  7. Reserve Officer Personnel Management Act

    Pub. L. 103–337 § 1675(a) · 108 Stat. 2663

    Substituted · 10 U.S.C. § 12102(a)

    Pub. L. 103–337, § 1675(a), substituted “12107” for “3261 or 8261”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–337, § 1675(a), substituted “12107” for “3261 or 8261”.

    Enacted provision · exact public law section
    (a) Chapter 1203.— Section 12102 (as transferred and redesignated by section 1662(b)(2)) is amended by striking out “section 3261 or 8261” in subsection (a) and inserting in lieu thereof “section 12107”.

    Effective date note
    Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

  8. Reserve Officer Personnel Management Act

    Pub. L. 103–337 § 1631(a) · 108 Stat. 2663

    1. Amended · 10 U.S.C. § 12102(c); 10 U.S.C. § 12102(d)

      Pub. L. 103–337, § 1631(a), as amended by Pub. L. 104–106

    2. Redesignated · 10 U.S.C. § 12102(c); 10 U.S.C. § 12102(d)

      Pub. L. 103–337, § 1631(a), as redesignated subsec. (d) as (c)

    3. Struck · 10 U.S.C. § 12102(c); 10 U.S.C. § 12102(d)

      Pub. L. 103–337, § 1631(a), as struck out former subsec. (c) which read as follows: “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).”

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 103–337, § 1631(a), as amended by Pub. L. 104–106, redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “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).”

    Enacted provision · exact public law section
    (a) 10 USC 510. Enlistments.— Section 510 is amended— (1) by striking out subsection (c); and (2) by redesignating subsection (d) as subsection (c).

    Effective date note
    Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

  9. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title XV § 1501(a)(5)(A) · 110 Stat. 186

    Changed · 10 U.S.C. § 12102(c); 10 U.S.C. § 12102(d)

    Pub. L. 104–106 made technical correction to directory language of Pub. L. 103–337, § 1631(a). See 1994 Amendment note below

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 104–106 made technical correction to directory language of Pub. L. 103–337, § 1631(a). See 1994 Amendment note below.

    Enacted provision · exact public law section
    (A) in subsection (a), by striking out 10 USC 12102. “Section 510” and inserting in lieu thereof “Section 12102”; and

    Effective date note
    Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

9 of 11 references resolved to an enrolled provision · 2 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
510(a)510(b) 510(c) 510(d)50:952 (less proviso).50:941(a) (as applicable to enlistments).50:941(b) (as applicable to enlistments).50:956 (as applicable to enlistments).July 9, 1952, ch. 608, §§ 217 (less (c), as applicable to enlistments), 228 (less proviso), 232 (as applicable to enlistments), 66 Stat. 486, 488, 489.

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.

Editorial Notes

References in Text

The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

Amendments1963–1996 · 6 rounds

1996

Subsecs. (c), (d). Pub. L. 104–106 made technical correction to directory language of Pub. L. 103–337, § 1631(a). See 1994 Amendment note below.

1994

Pub. L. 103–337, § 1662(b)(2), renumbered section 510 of this title as this section.

Subsec. (a). Pub. L. 103–337, § 1675(a), substituted “12107” for “3261 or 8261”.

Subsecs. (c), (d). Pub. L. 103–337, § 1631(a), as amended by Pub. L. 104–106, redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “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).”

1980

Subsec. (b)(1). Pub. L. 96–513 substituted “the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)” for “chapter 12 of title 8”.

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”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on , see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

Effective Date of 1994 Amendment

Amendment by sections 1662(b)(2) and 1675(a) of Pub. L. 103–337 effective , except as otherwise provided, and amendment by section 1631(a) of Pub. L. 103–337 effective , see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective , see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on , see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees.

Treatment of Single Parents Enlisting in Reserve Components of the Armed Forces

Pub. L. 99–661, div. A, title V, § 523, , 100 Stat. 3871, as amended by Pub. L. 100–180, div. A, title V, § 503, , 101 Stat. 1085; Pub. L. 101–189, div. A, title V, § 504, , 103 Stat. 1437, which provided that, in determining under section 510 [now 12102] of title 10 whether a person who is applying to enlist in a reserve component of the Armed Forces upon discharge or release from active duty is qualified for enlistment as a Reserve of an Armed Force, the Secretary concerned may not disqualify the person because the person is a single parent if the person is otherwise qualified for enlistment, the person became a single parent while serving on active duty, and the person’s status as a single parent was not a factor in the person’s discharge or release from active duty, with provision that the requirements imposed with respect to parenthood not be more stringent than those imposed on a member who becomes a single parent during the term of the member’s enlistment, and with provision defining “single parent” as a person who is not married and who has custody of a child under the age of 18 pursuant to a court order, expired on .

Credits

1956–1996 · 7 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 17, § 510
  2. 1963Pub. L. 88–236, , 77 Stat. 474
  3. 1967Pub. L. 90–130, § 1(2), , 81 Stat. 374
  4. 1968Pub. L. 90–623, § 2(3), , 82 Stat. 1314
  5. 1980Pub. L. 96–513, title V, § 511(13), , 94 Stat. 2921
  6. 1994renumbered § 12102 and amended Pub. L. 103–337, div. A, title XVI, §§ 1631(a), 1662(b)(2), 1675(a), , 108 Stat. 2964, 2989, 3017
  7. 1996Pub. L. 104–106, div. A, title XV, § 1501(a)(5)(A), , 110 Stat. 495.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 17, § 510; Pub. L. 88–236, , 77 Stat. 474; Pub. L. 90–130, § 1(2), , 81 Stat. 374; Pub. L. 90–623, § 2(3), , 82 Stat. 1314; Pub. L. 96–513, title V, § 511(13), , 94 Stat. 2921; renumbered § 12102 and amended Pub. L. 103–337, div. A, title XVI, §§ 1631(a), 1662(b)(2), 1675(a), , 108 Stat. 2964, 2989, 3017; Pub. L. 104–106, div. A, title XV, § 1501(a)(5)(A), , 110 Stat. 495.)

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