Pub. L. 102-484, div. A, tit. V, subtit. B, sec. 520

LIMITATION ON REENLISTMENT ELIGIBILITY FOR CERTAIN FORMER RESERVE OFFICERS OF ARMY AND AIR FORCE.

EnactedYear: 1992Length: 348 wordsOfficial source
SEC. 520. LIMITATION ON REENLISTMENT ELIGIBILITY FOR CERTAIN FORMER RESERVE OFFICERS OF ARMY AND AIR FORCE. (a) Limitation for the Army.—Section 3258 of title 10, United States Code, is amended— (1) by inserting “(a)” before “Any”; (2) by striking out the last sentence; and (3) by adding at the end the following new subsection (b): “(b) A person is not entitled to be reenlisted under this section if— “(1) the person was discharged or released from active duty as a Reserve 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 Reserve commission held by that person during the active duty from which the person was released or discharged.”. 106 STAT. 2409 (b) Limitation for the Air Force.—Section 8258 of such title is amended— (1) by inserting “(a)” before “Any”; (2) by striking out the last sentence; and (3) by adding at the end the following new subsection (b): “(b) A person is not entitled to be reenlisted under this section if— “(1) the person was discharged or released from active duty as a Reserve 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 Reserve commission held by that person during the active duty from which the person was released or discharged.”. (c) Applicability.—The amendments made by subsections (a) and (b) 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.