TITLE 10 - US CODE - CHAPTER 333 - ENLISTMENTS

10 USC 3251 - Definition

In this chapter, the term enlistment means original enlistment or reenlistment.

10 USC 3252 - Bonus to encourage Army personnel to refer persons for enlistment in the Army

(a) Authority To Pay Bonus.—

(1) Authority.—
The Secretary of the Army may pay a bonus under this section to an individual referred to in paragraph (2) who refers to an Army recruiter a person who has not previously served in an armed force and who, after such referral, enlists in the regular component of the Army or in the Army National Guard or Army Reserve.

(2) Individuals eligible for bonus.—
Subject to subsection (c), the following individuals are eligible for a referral bonus under this section:

(A) A member in the regular component of the Army.

(B) A member of the Army National Guard.

(D) A member of the Army in a retired status, including a member under 60 years of age who, but for age, would be eligible for retired pay.

(E) A civilian employee of the Department of the Army.

(b) Referral.—
For purposes of this section, a referral for which a bonus may be paid under subsection (a) occurs

(1) when the individual concerned contacts an Army recruiter on behalf of a person interested in enlisting in the Army; or

(2) when a person interested in enlisting in the Army contacts the Army recruiter and informs the recruiter of the role of the individual concerned in initially recruiting the person.

(1) Referral of immediate family.—
A member of the Army or civilian employee of the Department of the Army may not be paid a bonus under subsection (a) for the referral of an immediate family member.

(2) Members in recruiting roles.—
A member of the Army or civilian employee of the Department of the Army serving in a recruiting or retention assignment, or assigned to other duties regarding which eligibility for a bonus under subsection (a) could (as determined by the Secretary) be perceived as creating a conflict of interest, may not be paid a bonus under subsection (a).

(3) Junior reserve officers’ training corps instructors.—
A member of the Army detailed under subsection (c)(1) of section 2031 of this title to serve as an administrator or instructor in the Junior Reserve Officers Training Corps program or a retired member of the Army employed as an administrator or instructor in the program under subsection (d) of such section may not be paid a bonus under subsection (a).

(d) Amount of Bonus.—
The amount of the bonus payable for a referral under subsection (a) may not exceed $2,000. The amount shall be payable as provided in subsection (e).

(e) Payment.—
A bonus payable for a referral of a person under subsection (a) shall be paid as follows:

(1) Not more than $1,000 shall be paid upon the commencement of basic training by the person.

(2) Not more than $1,000 shall be paid upon the completion of basic training and individual advanced training by the person.

(f) Relation to Prohibition on Bounties.—
The referral bonus authorized by this section is not a bounty for purposes of section 514 (a) of this title.

(g) Coordination With Receipt of Retired Pay.—
A bonus paid under this section to a member of the Army in a retired status is in addition to any compensation to which the member is entitled under this title, title 37 or 38, or any other provision of law.

(h) Duration of Authority.—
A bonus may not be paid under subsection (a) with respect to any referral that occurs after December 31, 2009.

10 USC 3253 - Repealed. Pub. L. 109163, div. A, title V, 542(b)(1), Jan. 6, 2006, 119 Stat. 3253]

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 177; Pub. L. 87–143, § 1(1), Aug. 17, 1961, 75 Stat. 364; Pub. L. 90–235, § 2(a)(2)(A), Jan. 2, 1968, 81 Stat. 756; Pub. L. 96–513, title V, § 512(3), Dec. 12, 1980, 94 Stat. 2929, provided that, in peace time, Army enlistment was available only to citizens and persons lawfully admitted to the United States for permanent residence.

3254 to 3256. Repealed. Pub. L. 90235, 2(a)(2)(B), Jan. 2, 1968, 81 Stat. 756]

Section 3254, act Aug. 10, 1956, ch. 1041, 70A Stat. 178, provided for temporary enlistments in the Army during war or emergency. Section 3255, act Aug. 10, 1956, ch. 1041, 70A Stat. 178, provided for recruiting campaigns to obtain enlistments in the Regular Army. Section 3256, act Aug. 10, 1956, ch. 1041, 70A Stat. 178, set forth qualifications for and term of enlistments in the Regular Army and the grade in which such enlistments were made.

10 USC 3258 - Regular Army: reenlistment after service as an officer

(a) Any former enlisted member of the Regular Army who has served on active duty as an officer of the Army, or who was discharged as an enlisted member to accept an 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.

(b) A person is not entitled to be reenlisted under this section if

(1) the person was discharged or released from active duty as an officer on the basis of a determination of

(A) misconduct;

(B) moral or professional dereliction;

(D) retention being inconsistent with the interests of national security; or

(2) the persons former enlisted status and grade was based solely on the participation by that person in a precommissioning program that resulted in the commission held by that person during the active duty from which the person was released or discharged.

3259 to 3261. Repealed. Pub. L. 103337, div. A, title XVI, 1662(b)(3), Oct. 5, 1994, 108 Stat. 2990]

Section 3259, acts Aug. 10, 1956, ch. 1041, 70A Stat. 179; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, 1234(a)(1), 102 Stat. 2059, related to transfers in grade of enlisted members of Army National Guard of United States to Army Reserve. See section 12105 of this title. Section 3260, act Aug. 10, 1956, ch. 1041, 70A Stat. 179, provided that enlisted members of Army National Guard of United States are transferred to Army Reserve upon withdrawal as members of Army National Guard. See section 12106 of this title. Section 3261, acts Aug. 10, 1956, ch. 1041, 70A Stat. 179; Sept. 2, 1958, Pub. L. 85–861, § 33(a)(20), 72 Stat. 1565; Oct. 4, 1961, Pub. L. 87–378, § 3, 75 Stat. 808, related to enlistment in Army National Guard of United States. See section 12107 of this title.

10 USC 3262 - Army: percentage of high-school graduates

Notwithstanding section 520 (b) of this title, of the males with no prior military service who are enlisted or inducted into the Army during any fiscal year, the number who are not high-school graduates may not exceed, as of the end of the fiscal year, 35 percent of all such persons.

10 USC 3263 - Repealed. Pub. L. 90235, 2(a)(2)(B), Jan. 2, 1968, 81 Stat. 756]

Section, Pub. L. 85–861, § 1(71)(B), Sept. 2, 1958, 72 Stat. 1465; Pub. L. 87–649, § 14c(4), Sept. 7, 1962, 76 Stat. 501, provided for voluntary extension of enlistments in the Army.

10 USC 3264 - Repealed. Pub. L. 107314, div. A, title V, 531(c), Dec. 2, 2002, 116 Stat. 2544]

Section, added Pub. L. 107–107, div. A, title V, 541(a)(1), Dec. 28, 2001, 115 Stat. 1109, related to an 18-month enlistment pilot program to increase participation of prior service persons in Selected Reserve and to provide assistance in building pool of participants in Individual Ready Reserve.