ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

10 U.S.C. § 12102 — Reserve components: qualifications

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 224 words · no verdicts yet

in plain englishAI-generated · not legal advice

To enlist in a reserve component, a person must take the oath in section 502. Or the person must be legally transferred in instead. National Guard enlistees must also meet section 12107's requirements. Generally only citizens, lawful permanent residents, or people with prior military service may enlist.

(a) To become an enlisted member of a reserve component, a person must be enlisted as a Reserve of an armed force and take the oath required by section 502 of this title, or be transferred to that component according to law. To become an enlisted member of the Army National Guard of the United States or the Air National Guard of the United States, that person must also meet the requirements of section 12107 of this title.

(b) Except as otherwise provided by law, the Secretary concerned sets the physical, mental, moral, professional, and age qualifications for enlisting Reserves of the armed forces under that Secretary's jurisdiction. But no person may be enlisted as a Reserve unless:
(1) they are a citizen of the United States, or have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or
(2) they have previously served in the armed forces or in the National Security Training Corps.

(c) A person who is otherwise qualified, but who has a physical defect that the Secretary concerned determines will not interfere with performing the duties they may be assigned, may still be enlisted as a Reserve of any armed force under that Secretary's jurisdiction.

the actual law source: uscode.house.gov ↗public domain
(a)

To become an enlisted member of a reserve component a person must be enlisted as a Reserve of an armed force and subscribe to the oath prescribed by section 502 of this title, or be transferred to that component according to law. In addition, to become an enlisted member of the Army National Guard of the United States or the Air National Guard of the United States, he must meet the requirements of section 12107 of this title.

(b)

Except as otherwise provided by law, the Secretary concerned shall prescribe physical, mental, moral, professional, and age qualifications for the enlistment of persons as Reserves of the armed forces under his jurisdiction. However, no person may be enlisted as a Reserve unless—

(1)

he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or

(2)

he has previously served in the armed forces or in the National Security Training Corps.

(c)

A person who is otherwise qualified, but who has a physical defect that the Secretary concerned determines will not interfere with the performance of the duties to which that person may be assigned, may be enlisted as a Reserve of any armed force under the jurisdiction of that Secretary.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 17, § 510; Pub. L. 88–236, Dec. 23, 1963, 77 Stat. 474; Pub. L. 90–130, § 1(2), Nov. 8, 1967, 81 Stat. 374; Pub. L. 90–623, § 2(3), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96–513, title V, § 511(13), Dec. 12, 1980, 94 Stat. 2921; renumbered § 12102 and amended Pub. L. 103–337, div. A, title XVI, §§ 1631(a), 1662(b)(2), 1675(a), Oct. 5, 1994, 108 Stat. 2964, 2989, 3017; Pub. L. 104–106, div. A, title XV, § 1501(a)(5)(A), Feb. 10, 1996, 110 Stat. 495.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1963Amended · Pub. L. 88-236 · 77 Stat. 474
  • 1967Amended · Pub. L. 90-130 · 81 Stat. 374
  • 1968Amended · Pub. L. 90-623 · 82 Stat. 1314
  • 1980Amended · Pub. L. 96-513 · 94 Stat. 2921
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 2964, 2989, 3017
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 495

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case