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Title 10, Armed ForcesRelease 119-110

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

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

Last updated Sep 22, 2026|Official source

Summary

People who left the armed forces between October 1, 1990 and December 31, 2001 and who apply within one year to join a Guard or Reserve unit must be given preference over equally qualified applicants for vacancies. If they join, they may be kept in that unit up to three years even if unit size limits would normally block them, as long as they stay in good standing under rules from the Secretary of Defense. The Coast Guard follows the same rule, and the Secretary of Homeland Security will issue its rules when the Coast Guard is not operating as part of the Navy.

Full Legal Text

Title 10, §1150

Armed Forces, Source: USLM XML via OLRC

(a)Preference for Certain Persons.—
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)Limited Waiver of Strength Limitations.—
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)Coast Guard.—
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 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110