§ 504. Persons not qualified

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. 1968

   Pub. L. 90–235 § 2(a)(1)(B) · 81 Stat. 753

   Enacted · 10 U.S.C. § 504

   Added Pub. L. 90–235, § 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754

   Source evidence

   Code source credit
   Added Pub. L. 90–235, § 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754

   Enacted provision · exact public law section
   (B) by inserting the following new sections: “§ 501. Definition “In this chapter ‘enlistment’ means original enlistment or reenlistment. “*      *      *      *      *      *      * “§ 503. Enlistments: recruiting campaigns “The Secretary concerned shall conduct intensive recruiting campaigns to obtain enlistments in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, and Regular Coast Guard. “§ 504. Persons not qualified “No person who is insane, intoxicated, or a deserter from an armed force, or who has been convicted of a felony, may be enlisted in any armed force. However, the Secretary concerned may authorize exceptions, in meritorious cases, for the enlistment of deserters and persons convicted of felonies. “§ 505. Regular components: qualifications, term, grade “(a) The Secretary concerned may accept original enlistments in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be, of qualified, effective, and able-bodied persons who are not less than seventeen years of age in the case of male persons and not less than eighteen years of age in the case of female persons, nor more than thirty-five years of age. However, no male person under eighteen years of age, or female person under twenty-one years of age, may be originally enlisted without the written consent of his parent or guardian, if he has a parent or guardian entitled to his custody and control. “(b) A person is enlisted in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard in the grade or rating prescribed by the Secretary concerned. “(c) The Secretary concerned may accept original enlistments in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be— “(1) of male persons for the duration of their minority or for a period of two, three, four, five, or six years; and “(2) of female persons for a period of two, three, four, five, or six years. “(d) In the Regular Army, female persons may be enlisted only in the Women’s Army Corps. “(e) The Secretary concerned may accept reenlistments in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be, for periods of two, three, four, five, or six years. No enlisted member is entitled to be reenlisted for a period that would expire before the end of his current enlistment. “§ 506. Regular components: extension of enlistments during war “An enlistment in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard in effect at the beginning of a war, or entered into during a war, unless sooner terminated by the President, continues in effect until six months after the termination of that war. “§ 507. Extension of enlistment for members needing medical care or hospitalization “(a) An enlisted member of an armed force on active duty whose term of enlistment expires while he is suffering from disease or injury incident to service and not due to his misconduct, and who needs medical care or hospitalization, may be retained on active duty, with his consent, until he recovers to the extent that he is able to meet the physi-cal requirements for reenlistment, or it is determined that recovery to that extent is impossible. “(b) This section does not prevent the retention in service, without his consent, of an enlisted member of an armed force under section 972 of this title. 72 Stat. 1443. “§ 508. Reenlistment: qualifications “(a) No person whose service during his last term of enlistment was not honest and faithful may be reenlisted in an armed force. However, the Secretary concerned may authorize the reenlistment in the armed force under his jurisdiction of such a person if his conduct after that service has been good. “(b) A person discharged from a Regular component may be reenlisted in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be, under 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. “§ 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. “*      *      *      *      *      *      * “§ 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. “§ 519. Temporary enlistments: during war or emergency “Except as provided in section 505 of this title and except for enlistments Ante, p. 754. 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.”; and

2. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title V § 542(a) · 119 Stat. 3136

   1. Amended · 10 U.S.C. § 504

      Pub. L. 109–163 designated existing provisions as subsec. (a)

   2. Inserted · 10 U.S.C. § 504

      Pub. L. 109–163 inserted heading

   3. Added · 10 U.S.C. § 504

      Pub. L. 109–163 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 109–163 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

   Enacted provision · exact public law section
   (a) Uniform Requirements.— Section 504 of title 10, United States Code, is amended— (1) by inserting “(a) Insanity, Desertion, Felons, Etc.—” before “No person”; and (2) by adding at the end the following new subsection: “(b) Citizenship or Residency.— (1) A person may be enlisted in any armed force only if the person is one of the following: “(A) A national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)). “(B) An alien who is lawfully admitted for permanent residence, as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)). “(C) A person described in section 341 of one of the following compacts: “(i) The Compact of Free Association between the Federated States of Micronesia and the United States (section 201(a) of Public Law 108–188 (117 Stat. 2784; 48 U.S.C. 1921 note)). “(ii) The Compact of Free Association between the Republic of the Marshall Islands and the United States (section 201(b) of Public Law 108–188 (117 Stat. 2823; 48 U.S.C. 1921 note)). “(iii) The Compact of Free Association between Palau and the United States (section 201 of Public Law 99–658 (100 Stat. 3678; 48 U.S.C. 1931 note)). “(2) Notwithstanding paragraph (1), the Secretary concerned may authorize the enlistment of a person not described in paragraph (1) if the Secretary determines that such enlistment is vital to the national interest.” .

3. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 § 521(a)(1) · 132 Stat. 1636

   1. Substituted · 10 U.S.C. § 504(b)(2)

      Pub. L. 115–232, § 521(a)(1), inserted “and subject to paragraph (3),” after “Notwithstanding paragraph (1),” substituted “person possesses a critical skill or expertise—” for “enlistment is vital to the national interest.”

   2. Added · 10 U.S.C. § 504(b)(2)

      Pub. L. 115–232, § 521(a)(1), added subpars. (A) and (B)

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 115–232, § 521(a)(1), inserted “and subject to paragraph (3),” after “Notwithstanding paragraph (1),” substituted “person possesses a critical skill or expertise—” for “enlistment is vital to the national interest.”, and added subpars. (A) and (B).

   Enacted provision · exact public law section
   (1) in paragraph (2)— (A) by inserting “and subject to paragraph (3),” after “Notwithstanding paragraph (1),”; (B) by striking “enlistment is vital to the national interest.” and inserting “person possesses a critical skill or expertise—”; and (C) by adding at the end the following new subparagraphs: “(A) that is vital to the national interest; and “(B) that the person will use in the primary daily duties of that person as a member of the armed forces.” ; and

4. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 § 521(a)(2) · 132 Stat. 1636

   Added · 10 U.S.C. § 504(b)(3)

   Pub. L. 115–232, § 521(a)(2), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 115–232, § 521(a)(2), added par. (3).

   Enacted provision · exact public law section
   (2) by adding at the end the following new paragraph (3): “(3) (A) No person who enlists under paragraph (2) may report to initial training until after the Secretary concerned has completed all required background investigations and security and suitability screening as determined by the Secretary of Defense regarding that person. “(B) A Secretary concerned may not authorize more than 1,000 enlistments under paragraph (2) per military department in a calendar year until after— “(i) the Secretary of Defense submits to Congress written notice of the intent of that Secretary concerned to authorize more than 1,000 such enlistments in a calendar year; and “(ii) a period of 30 days has elapsed after the date on which Congress receives the notice.” .

5. 2025

   Pub. L. 119–60 div. A title V § 532(a) · 139 Stat. 869

   Added · 10 U.S.C. § 504(c)

   Pub. L. 119–60 added subsec. (c)

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 119–60 added subsec. (c).

7 of 8 references resolved to an enrolled provision · 1 unresolved