§ 7138. Regular Army: reenlistment after service as an officer

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. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 179, § 3258 · 70A Stat. 179

   Enacted · 10 U.S.C. § 7138

   Aug. 10, 1956, ch. 1041, 70A Stat. 179, § 3258

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 179, § 3258

2. 1958

   Pub. L. 85–603 § 1(1) · 72 Stat. 526

   Changed · 10 U.S.C. § 7138

   Pub. L. 85–603 limited 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

   Source evidence

   Code amendment note
   Pub. L. 85–603 limited 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.

   Enacted provision · exact public law section
   (1) Section 3258 is amended to read as follows: “§ 3258. Regular Army: Reenlistment after service as an officer “Any former enlisted member of the Regular Army who has served on active duty as a Reserve officer of the Army, or who was discharged as an enlisted member to accept a temporary 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. 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.”

3. 1992

   National Defense Authorization Act for Fiscal Year 1993

   Pub. L. 102–484 div. A title V § 520(a) · 106 Stat. 2315

   1. Amended · 10 U.S.C. § 7138

      Pub. L. 102–484 designated existing provisions as subsec. (a)

   2. Added · 10 U.S.C. § 7138

      Pub. L. 102–484 added subsec. (b)

   3. Struck · 10 U.S.C. § 7138

      Pub. L. 102–484 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.”

   Source evidence

   Code amendment note
   Pub. L. 102–484 designated 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.”

   Enacted provision · exact public law section
   (a) Limitation for the Army.— Section 3258 of title 10, United States Code, is amended— (1) by inserting “(a)” before “Any”; (2) by striking out the last sentence; and (3) by adding at the end the following new subsection (b): “(b) A person is not entitled to be reenlisted under this section if— “(1) the person was discharged or released from active duty as a Reserve officer on the basis of a determination of— “(A) misconduct; “(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 Reserve commission held by that person during the active duty from which the person was released or discharged.”.

4. 2008

   National Defense Authorization Act for Fiscal Year 2008

   Pub. L. 110–181 § 506(a)(1) · 122 Stat. 3

   1. Substituted · 10 U.S.C. § 7138(a)

      Pub. L. 110–181, § 506(a)(1), substituted “an officer” for “a Reserve officer”

   2. Substituted · 10 U.S.C. § 7138(a)

      Pub. L. 110–181, § 506(a)(1), substituted “an appointment” for “a temporary appointment”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–181, § 506(a)(1), substituted “an officer” for “a Reserve officer” and “an appointment” for “a temporary appointment”.

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) by striking “a Reserve officer” and inserting “an officer”; and (B) by striking “a temporary appointment” and inserting “an appointment”; and

5. 2008

   National Defense Authorization Act for Fiscal Year 2008

   Pub. L. 110–181 § 506(a)(2)(A) · 122 Stat. 3

   Substituted · 10 U.S.C. § 7138(b)(1)

   Pub. L. 110–181, § 506(a)(2)(A), substituted “an officer” for “a Reserve officer” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 110–181, § 506(a)(2)(A), substituted “an officer” for “a Reserve officer” in introductory provisions.

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking “a Reserve officer” and inserting “an officer”; and

6. 2008

   National Defense Authorization Act for Fiscal Year 2008

   Pub. L. 110–181 § 506(a)(2)(B) · 122 Stat. 3

   Substituted · 10 U.S.C. § 7138(b)(2)

   Pub. L. 110–181, § 506(a)(2)(B), substituted “the commission” for “the Reserve commission”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 110–181, § 506(a)(2)(B), substituted “the commission” for “the Reserve commission”.

   Enacted provision · exact public law section
   (B) in paragraph (2), by striking “the Reserve commission” and inserting “the commission”.

7. 2018

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

   Pub. L. 115–232 div. A title VIII § 808(b)(2) · 132 Stat. 1636

   Changed · 10 U.S.C. § 7138

   Pub. L. 115–232 renumbered section 3258 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–232 renumbered section 3258 of this title as this section.

   Enacted provision · exact public law section
   (2) Chapter 333.— Sections 3251, 3258, and 3262 are redesignated as sections 7131, 7138, and 7142, respectively.

   Effective date note
   Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

9 of 10 references resolved to an enrolled provision · 1 partial