§2104 — Title 10 Armed Forces | U.S. Code

Summary

Advanced training is given to program members and, if a school asks, to applicants who qualify. To stay in or join the advanced training, a person must be a U.S. citizen; be picked under the military department’s selection rules; enlist for the time the Secretary sets; sign a service contract (with a parent or guardian’s OK if the person is a minor); promise in writing to accept a commissioned officer appointment if offered and to serve for the required time; either finish the first two years of a four-year ROTC course or the required field training/practice cruise, or agree in writing to complete that training within two years after starting the advanced course; and sign a loyalty certificate or take a loyalty oath as required. If someone does not meet these rules, they must be released from the program. The rule does not apply to cadets and midshipmen appointed under other authority or to foreign students enrolled under separate rules.

Title 10, §2104

Armed Forces — Source: USLM XML via OLRC

(a)Advanced training shall be provided to eligible members of the program and, if the institution concerned so requests, to eligible applicants for membership in the program.

(b)To be eligible for continuation, or initial enrollment, in the program for advanced training, a person must—

(1)be a citizen of the United States;

(2)be selected for advanced training under procedures prescribed by the Secretary of the military department concerned;

(3)enlist in an armed force under the jurisdiction of the Secretary of the military department concerned for the period prescribed by the Secretary;

(4)contract, with the consent of his parent or guardian if he is a minor, with the Secretary of the military department concerned, or his designated representative, to serve for the period required by the program;

(5)agree in writing that he will accept an appointment, if offered, as a commissioned officer in the Army, Navy, Air Force, Marine Corps, or Space Force, as the case may be, and that he will serve in the armed forces for the period prescribed by the Secretary;

(6)either—

(A)complete successfully—

(i)the first two years of a four-year Senior Reserve Officers’ Training Corps course; or

(ii)field training or a practice cruise of a duration which is prescribed by the Secretary concerned as a preliminary requirement for admission to the advanced course; or

(B)at the discretion of the Secretary concerned, agree in writing to complete field training or a practice cruise, as prescribed by the Secretary concerned, within two years after admission to the advanced course; and

(7)execute a certificate of loyalty in such form as the Secretary of Defense prescribes or take a loyalty oath as prescribed by the Secretary.

(c)A member of the program who is ineligible under subsection (b) for advanced training shall be released from the program.

(d)This section does not apply to cadets and midshipmen appointed under section 2107, or foreign students enrolled under section 2103(b), of this title.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in subsec. (b)(7) of this section were contained in the following appropriation acts: Pub. L. 98–473, title I, § 101(h) [title VIII, § 8018], Oct. 12, 1984, 98 Stat. 1904, 1926. Pub. L. 98–212, title VII, § 722, Dec. 8, 1983, 97 Stat. 1442. Pub. L. 97–377, title I, § 101(c) [title VII, § 722], Dec. 21, 1982, 96 Stat. 1833, 1854. Pub. L. 97–114, title VII, § 722, Dec. 29, 1981, 95 Stat. 1582. Pub. L. 96–527, title VII, § 723, Dec. 15, 1980, 94 Stat. 3085. Pub. L. 96–154, title VII, § 723, Dec. 21, 1979, 93 Stat. 1156. Pub. L. 95–457, title VIII, § 823, Oct. 13, 1978, 92 Stat. 1248. Pub. L. 95–111, title VIII, § 822, Sept. 21, 1977, 91 Stat. 903. Pub. L. 94–419, title VII, § 722, Sept. 22, 1976, 90 Stat. 1295. Pub. L. 94–212, title VII, § 722, Feb. 9, 1976, 90 Stat. 172. Pub. L. 93–437, title VIII, § 822, Oct. 8, 1974, 88 Stat. 1228. Pub. L. 93–238, title VII, § 723, Jan. 2, 1974, 87 Stat. 1042. Pub. L. 92–570, title VII, § 723, Oct. 26, 1972, 86 Stat. 1200. Pub. L. 92–204, title VII, § 723, Dec. 18, 1971, 85 Stat. 731. Pub. L. 91–668, title VIII, § 823, Jan. 11, 1971, 84 Stat. 2034. Pub. L. 91–171, title VI, § 623, Dec. 29, 1969, 83 Stat. 484. Pub. L. 90–580, title V, § 522, Oct. 17, 1968, 82 Stat. 1133. Pub. L. 90–96, title VI, § 622, Sept. 29, 1967, 81 Stat. 246. Pub. L. 89–687, title VI, § 622, Oct. 15, 1966, 80 Stat. 995. Pub. L. 89–213, title VI, § 622, Sept. 29, 1965, 79 Stat. 877. Pub. L. 88–446, title VI, § 522, Aug. 19, 1964, 78 Stat. 478. Pub. L. 88–149, title V, § 522, Oct. 17, 1963, 77 Stat. 267. Pub. L. 87–577, title V, § 522, Aug. 9, 1962, 76 Stat. 332. Pub. L. 87–144, title VI, § 622, Aug. 17, 1961, 75 Stat. 379. Pub. L. 86–601, title V, § 522,

July 7, 1960, 74 Stat. 353. Pub. L. 86–166, title V, § 622, Aug. 18, 1959, 73 Stat. 382. Pub. L. 85–724, title VI, § 624, Aug. 22, 1958, 72 Stat. 728. Pub. L. 85–117, title VI, § 625, Aug. 2, 1957, 71 Stat. 327.

July 2, 1956, ch. 488, title VI, § 625, 70 Stat. 471.

July 13, 1955, ch. 358, title VI, § 629, 69 Stat. 320.

June 30, 1954, ch. 432, title VII, § 731, 68 Stat. 356.

Amendments

2021—Subsec. (b)(5). Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps”. 2001—Subsec. (b)(3). Pub. L. 107–107 struck out “a reserve component of” before “an armed force”. 1996—Subsec. (b)(6)(A)(ii). Pub. L. 104–106 substituted “a duration” for “not less than six weeks’ duration”. 1984—Subsec. (a). Pub. L. 98–525, § 543(a)(1), struck out “, who have at least two academic years remaining at such educational institution” after “in the program”. Subsec. (b)(6). Pub. L. 98–525, § 543(a)(2), inserted initial word “either”, redesignated existing subpars. (A) and (B) as cls. (i) and (ii) of subpar. (A), and added subpar. (B). Subsec. (b)(7). Pub. L. 98–525, § 1401(h), added par. (7). 1983—Subsec. (a). Pub. L. 98–94 substituted “who have at least two academic years” for “who have two academic years”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 Amendment Pub. L. 98–525, title V, § 543(b), Oct. 19, 1984, 98 Stat. 2530, provided that: “The

Amendments

made by subsection (a) [amending this section] do not constitute authority for the enactment of new budget authority for a fiscal year beginning before October 1, 1984.” Amendment by section 1401(h) of Pub. L. 98–525 effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as an

Effective Date

note under section 520b of this title.

§2104 Advanced training; eligibility for

Summary

Title 10, §2104

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

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