Title 10Armed ForcesRelease 119-73not60

§1150 Affiliation with Guard and Reserve Units: Waiver of Certain Limitations

Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 58— BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR RECENTLY SEPARATED › § 1150

Last updated Apr 3, 2026|Official source

Summary

People who left the armed forces between October 1, 1990 and December 31, 2001 and who apply to join a National Guard or Reserve unit within one year after leaving must be given priority over other equally qualified applicants for current or planned openings in the unit they apply to. Under rules from the Department of Defense, those who join this way can stay in the unit up to three years even if the unit is at its size limit, as long as they remain in good standing. The same rules apply to the Coast Guard, with the Secretary of Homeland Security writing the Coast Guard rules when it is not part of the Navy.

Full Legal Text

Title 10, §1150

Armed Forces — Source: USLM XML via OLRC

(a)A person who is separated from the armed forces during the period beginning on October 1, 1990, and ending on December 31, 2001, and who applies to become a member of a National Guard or Reserve unit within one year after the date of such separation shall be given preference over other equally qualified applicants for existing or projected vacancies within the unit to which the member applies.
(b)Under regulations prescribed by the Secretary of Defense, a person covered by subsection (a) who enters a National Guard or Reserve unit pursuant to an application described in such subsection may be retained in that unit for up to three years without regard to reserve-component strength limitations so long as the individual maintains good standing in that unit.
(c)This section shall apply to the Coast Guard in the same manner and to the same extent as it applies to the Department of Defense. The Secretary of Homeland Security shall prescribe regulations to implement this section for the Coast Guard when it is not operating as a service in the Navy.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2013—Subsec. (c). Pub. L. 112–239 inserted “when it is not operating as a service in the Navy” after “for the Coast Guard”. 2002—Subsec. (c). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”. 2000—Subsec. (a). Pub. L. 106–398 substituted “
December 31, 2001” for “
September 30, 2001”. 1998—Subsec. (a). Pub. L. 105–261 substituted “during the period beginning on
October 1, 1990, and ending on
September 30, 2001” for “during the nine-year period beginning on
October 1, 1990”. 1994—Subsec. (c). Pub. L. 103–337 added subsec. (c). 1993—Subsec. (a). Pub. L. 103–160 substituted “nine-year period” for “five-year period”. 1992—Subsec. (a). Pub. L. 102–484 struck out “involuntarily” after “who is”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–337 applicable only to members of the Coast Guard who are separated after Sept. 30, 1994, see section 542(e) of Pub. L. 103–337, set out as a note under section 1141 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1150

Title 10Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60