§7138 — Title 10 Armed Forces | U.S. Code

Summary

Allows a person who was enlisted, then served on active duty as an Army officer, to reenlist back in the Regular Army at the same enlisted rank they had before becoming an officer. They keep their seniority and service credit. They can reenlist even if there is no opening at that rank or if they have a service-related disability. To reenlist, they must have left officer service honorably (or been taken off active duty for reasons other than waiting for an appeal of a sentence that could include dismissal or dishonorable discharge) and must apply within six months (or a different time the Secretary of the Army allows for special cases). A person cannot reenlist under this rule if they were discharged or released as an officer for misconduct, moral or professional failure, poor performance, or because keeping them would harm national security. It also does not apply if their prior enlisted rank existed only because they were in a precommissioning program that led to the officer commission.

Title 10, §7138

Armed Forces — Source: USLM XML via OLRC

(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;

(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 commission held by that person during the active duty from which the person was released or discharged.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 325810:631a (less last proviso).

July 14, 1939, ch. 267, § 1 (less last proviso); restated

May 29, 1954, ch. 249, § 19(b) (less last proviso), 68 Stat. 166. The words “former” and “as an enlisted member” are inserted for clarity. The words “credit for service” are substituted for the words “of service”. The words “in his grade” are substituted for the words “in the appropriate enlisted grade”. The words “he applies” are substituted for the words “application * * * shall be made”. The words “Hereafter” and “while on active duty” are omitted as surplusage.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 3258 of this title as this section. 2008—Subsec. (a). Pub. L. 110–181, § 506(a)(1), substituted “an officer” for “a Reserve officer” and “an appointment” for “a temporary appointment”. Subsec. (b)(1). Pub. L. 110–181, § 506(a)(2)(A), substituted “an officer” for “a Reserve officer” in introductory provisions. Subsec. (b)(2). Pub. L. 110–181, § 506(a)(2)(B), substituted “the commission” for “the Reserve commission”. 1992—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.” 1958—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.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment 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.

Effective Date

of 1992 Amendment Pub. L. 102–484, div. A, title V, § 520(c), Oct. 23, 1992, 106 Stat. 2409, provided that: “The

Amendments

made by subsections (a) and (b) [amending this section and section 8258 of this title] shall apply to persons discharged or released from active duty as commissioned officers in the Army Reserve or the Air Force Reserve, respectively, after the date of the enactment of this Act [Oct. 23, 1992].”

§7138 Regular Army: reenlistment after service as an officer

Summary

Title 10, §7138

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Regulations

Regulations

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Amendments

Citations & Metadata