10-U.S.C.-12104
§12104 – Reserve Components: Transfers
Pathway
Title 10 > Subtitle E > Part II > Chapter 1203 > Section 12104
Details
- Reference: Section 12104
- Legend: §12104 – Reserve Components: Transfers
- USCode Year: 2013
Provision Content
(a) A person who would otherwise be required to be transferred to a reserve component under section 651 of this title or under the Military Selective Service Act (50 U.S.C. App. 451 et seq.), is entitled, if he is qualified and accepted, to be enlisted in any armed force that he chooses and to participate in the programs authorized for that armed force. However, unless the two Secretaries concerned consent, he may not be enlisted as a Reserve of an armed force other than that from which he is transferred. All periods of his participation shall be credited against the total period of service required of him under section 651 of this title or under the Military Selective Service Act (50 U.S.C. App. 451 et seq.). However, no period may be credited more than once.
(b) A person covered by subsection (a) shall perform the rest of his required term of service in the armed force in which he is so enlisted or in any other armed force in which he is later enlisted or appointed.
(c) This section does not change any term of service under an appointment, enlistment, or agreement, including an agreement made before or at the time when the member entered upon a program authorized by an armed force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 18, §512; Pub. L. 96–513, title V, §511(15), Dec. 12, 1980, 94 Stat. 2921; renumbered §12104, Pub. L. 103–337, div. A, title XVI, §1662(b)(2), Oct. 5, 1994, 108 Stat. 2989.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 512(a)
|
50:929(a) (less 2d sentence, as applicable to enlistments). 50:929(a) (2d sentence, as applicable to enlistments). |
July 9, 1952, ch. 608, §209 (as applicable to enlistments), 66 Stat. 484. |
| 512(c) | 50:929(b) (as applicable to enlistments). |
In subsection (a), the words is entitled * * * to be enlisted in any armed force that he chooses are substituted for the words shall * * * be permitted to enlist * * * in such Armed Force of the United States as he may elect. The second sentence is substituted for 50:929(a) (words within parentheses). The words of an Armed Force of the United States are omitted as surplusage.
In subsection (b), the word rest is substituted for the words remaining period. The words be required to are omitted as surplusage.
In subsection (c), the words This section does not are substituted for the words Nothing in this section shall be construed. The word change is substituted for the words reduce, limit, or modify. The words which any person may undertake to perform are omitted as surplusage.
References in Text
The Military Selective Service Act, referred to in subsec. (a), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended, which is classified principally to section 451 et seq. of Title 50, Appendix, War and National Defense. For complete classification of this Act to the Code, see References in Text note set out under section 451 of Title 50, Appendix, and Tables.
Amendments
1994—Pub. L. 103–337 renumbered section 512 of this title as this section.
1980—Subsec. (a). Pub. L. 96–513 substituted the Military Selective Service Act (50 U.S.C. App. 451 et seq.) for sections 451–473 of title 50, appendix wherever appearing.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-12104 in the Legal Encyclopedia: Army Reserve
In this entry about 10-U.S.C.-12104, find legal reference material, bibliographies and premiere content related to army reserve in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve-specific issues, written by authorities in the field.
10-U.S.C.-12103 in the Legal Encyclopedia: Army Reserve Personnel
In this entry about 10-U.S.C.-12103, find legal reference material, bibliographies and premiere content related to army reserve personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve personnel-specific issues, written by authorities in the field.
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