
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12102]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
                     CHAPTER 1203--ENLISTED MEMBERS
 
Sec. 12102. Reserve components: qualifications

    (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.

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

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
510(a)................................  50:952 (less proviso).               Ju
ly 9, 1952, ch. 608, Secs.  217
510(b)................................  50:941(a) (as applicable to           (
less (c), as applicable to
                                         enlistments).                        e
nlistments), 228 (less proviso),
510(c)................................  50:941(b) (as applicable to           2
32 (as applicable to
                                         enlistments).                        e
nlistments), 66 Stat. 486, 488,
510(d)................................  50:956 (as applicable to              4
89.
                                         enlistments).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the last sentence is inserted to reflect sections 
3261 and 8261 of this title.
    In subsection (b), the word ``However'' is substituted for the words 
``Subject to the limitation that''. The words ``as Reserves in the armed 
forces under his jurisdiction'' are substituted for the words ``of 
Reserve members of the Armed Forces of the United States''. The words 
``its Territories'' are omitted as surplusage, since citizens of the 
Territories are citizens of the United States.
    In subsection (c), the words ``armed force concerned'' are 
substituted for the words ``of the appropriate Armed Force of the United 
States''. The words ``in which she previously served satisfactorily'' 
are substituted for the words ``satisfactorily held by her''.
    In subsection (d), the words ``under the jurisdiction of that 
Secretary'' are inserted for clarity. The words ``general or special'' 
are omitted as surplusage.

                       References in Text

    The Immigration and Nationality Act, referred to in subsec. (b)(1), 
is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is 
classified principally to chapter 12 (Sec. 1101 et seq.) of Title 8, 
Aliens and Nationality. For complete classification of this Act to the 
Code, see Short Title note set out under section 1101 of Title 8 and 
Tables.


                               Amendments

    1996--Subsecs. (c), (d). Pub. L. 104-106 made technical correction 
to directory language of Pub. L. 103-337, Sec. 1631(a). See 1994 
Amendment note below.
    1994--Pub. L. 103-337, Sec. 1662(b)(2), renumbered section 510 of 
this title as this section.
    Subsec. (a). Pub. L. 103-337, Sec. 1675(a), substituted ``12107'' 
for ``3261 or 8261''.
    Subsecs. (c), (d). Pub. L. 103-337, Sec. 1631(a), as amended by Pub. 
L. 104-106, redesignated subsec. (d) as (c) and struck out former 
subsec. (c) which read as follows: ``Women may be enlisted as Reserves 
of the armed forces. Women are enlisted in the grades and ratings 
authorized for enlisted women of the regular component of the armed 
force concerned. Any female former enlisted member of an armed force 
may, if otherwise qualified, be enlisted as a Reserve of that armed 
force in the highest grade or rating in which she previously served 
satisfactorily on active duty (other than for training).''
    1980--Subsec. (b)(1). Pub. L. 96-513 substituted ``the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.)'' for ``chapter 12 of title 
8''.
    1968--Subsec. (a). Pub. L. 90-623 substituted ``section 502'' for 
``section 501''.
    1967--Subsec. (c). Pub. L. 90-130 struck out provision limiting the 
reserve components in which women may be enlisted as Reserves of the 
armed forces to the Army Reserve, Naval Reserve, Air Force Reserve, 
Marine Corps Reserve, and Coast Guard Reserve.
    1963--Subsec. (b)(1). Pub. L. 88-236 substituted ``he is a citizen 
of the United States or has been lawfully admitted to the United States 
for permanent residence under chapter 12 of title 8'' for ``he is, or 
has made a declaration of intention to become, a citizen of the United 
States or of a possession thereof''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective as if included in the Reserve 
Officer Personnel Management Act, title XVI of Pub. L. 103-337, as 
enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set 
out as a note under section 113 of this title.


                    Effective Date of 1994 Amendment

    Amendment by sections 1662(b)(2) and 1675(a) of Pub. L. 103-337 
effective Dec. 1, 1994, except as otherwise provided, and amendment by 
section 1631(a) of Pub. L. 103-337 effective Oct. 1, 1996, see section 
1691 of Pub. L. 103-337, set out as an Effective Date note under section 
10001 of this title.


                    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.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-623 intended to restate without substantive 
change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-
623, set out as a note under section 5334 of Title 5, Government 
Organization and Employees.


Treatment of Single Parents Enlisting in Reserve Components of the Armed 
                                 Forces

    Pub. L. 99-661, div. A, title V, Sec. 523, Nov. 14, 1986, 100 Stat. 
3871, as amended by Pub. L. 100-180, div. A, title V, Sec. 503, Dec. 4, 
1987, 101 Stat. 1085; Pub. L. 101-189, div. A, title V, Sec. 504, Nov. 
29, 1989, 103 Stat. 1437, which provided that, in determining under 
section 510 [now 12102] of title 10 whether a person who is applying to 
enlist in a reserve component of the Armed Forces upon discharge or 
release from active duty is qualified for enlistment as a Reserve of an 
Armed Force, the Secretary concerned may not disqualify the person 
because the person is a single parent if the person is otherwise 
qualified for enlistment, the person became a single parent while 
serving on active duty, and the person's status as a single parent was 
not a factor in the person's discharge or release from active duty, with 
provision that the requirements imposed with respect to parenthood not 
be more stringent than those imposed on a member who becomes a single 
parent during the term of the member's enlistment, and with provision 
defining ``single parent'' as a person who is not married and who has 
custody of a child under the age of 18 pursuant to a court order, 
expired on Sept. 30, 1991.
