
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC3253]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART II--PERSONNEL
 
                        CHAPTER 333--ENLISTMENTS
 
Sec. 3253. Army: persons not qualified

    In time of peace, no person may be accepted for original enlistment 
in the Army unless he is a citizen of the United States or has been 
lawfully admitted to the United States for permanent residence under the 
applicable provisions of the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.).

(Aug. 10, 1956, ch. 1041, 70A Stat. 177; Pub. L. 87-143, Sec. 1(1), Aug. 
17, 1961, 75 Stat. 364; Pub. L. 90-235, Sec. 2(a)(2)(A), Jan. 2, 1968, 
81 Stat. 756; Pub. L. 96-513, title V, Sec. 512(3), Dec. 12, 1980, 94 
Stat. 2929.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3253(a)...............................  10:622.                              R.
S. 1118; Feb. 27, 1877, ch. 69
3253(b)...............................  10:623.                               (
17th par.), 19 Stat. 242; July
                                        10:624.                               2
9, 1941, ch. 325, 55 Stat. 606.
3253(c)...............................  10:625.
                                        ...................................  R.
S. 1998; restated Aug. 22, 1912,
                                                                              c
h. 336, Sec.  1, 37 Stat. 356;
                                                                              O
ct. 14, 1940, ch. 876, Sec.  504
                                                                              (
9th clause), 54 Stat. 1172.
                                        ...................................  Au
g. 1, 1894, ch. 179, Sec.  2, 28
                                                                              S
tat. 216; June 14, 1920, ch. 286,
                                                                              4
1 Stat. 1077.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``an armed force'' are substituted for 
the words ``the military service of the United States''. The words ``and 
no person'' are omitted as surplusage. The last sentence is substituted 
for 10:622 (proviso). The words ``by regulations or otherwise'' are 
omitted, since the Secretary has inherent authority to issue regulations 
appropriate to exercising his statutory functions. Since the authority 
to enlist deserters ``in meritorious cases'', granted to the Secretary 
by 10:622, is equivalent to or broader than his authority to do so under 
10:624, the applicability of 10:624 to 10:622 is omitted as surplusage.
    In subsection (b), the word ``soldier'', in 10:623, is omitted as 
covered by the word ``person''. The last sentence is substituted for 
10:624.
    In subsections (b) and (c), the first 15 words and the proviso of 
section 2 of the Act of August 1, 1894, ch. 179, 28 Stat. 216, are not 
contained in 10:623 or 625. They are also omitted from the revised 
section, since the first 15 words are superseded by section 3256(a) of 
this title, and the proviso is executed.
    In subsection (c), the words ``(except an Indian)'', in section 2 of 
the Act of August 1, 1894, ch. 179, 28 Stat. 216, are not contained in 
10:625. They are also omitted from the revised section, since section 
201(b) of the Act of October 14, 1940, ch. 876, 54 Stat. 1138 (8 U.S.C. 
601), provides that Indians are citizens and nationals of the United 
States. The words ``may be accepted for original'' are substituted for 
the words ``shall be enlisted for the first''.

                       References in Text

    The Immigration and Nationality Act, referred to in text, 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

    1980--Pub. L. 96-513 substituted ``Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.)'' for ``chapter 12 of title 8''.
    1968--Pub. L. 90-235 struck out provisions formerly set out as 
subsec. (a) disqualifying insane persons, intoxicated persons, deserters 
and convicted felons from Army service, and provisions formerly set out 
as subsec. (b) disqualifying from reenlistment in the Army persons whose 
service during their last term of enlistment was not honest and 
faithful, and redesignated as entire section provisions formerly set out 
as subsec. (c).
    1961--Subsec. (c). Pub. L. 87-143 substituted ``a citizen of the 
United States or has been lawfully admitted to the United States for 
permanent residence under the applicable provisions of chapter 12 of 
title 8'' for ``, or has made a legal declaration of intention to 
become, a citizen of the United States''.


                    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.


 Enlistment of Citizens of Northern Mariana Islands in Armed Forces of 
       United States; Termination of Period Within Which To Enlist

    Pub. L. 96-351, Sept. 15, 1980, 94 Stat. 1161, which authorized, 
notwithstanding the provisions of sections 3253 and 8253 of this title 
and in accordance with a Covenant to Establish a Commonwealth of the 
Northern Mariana Islands in Political Union with the United States of 
America, approved on Mar. 24, 1976, by Pub. L. 94-241, 48 U.S.C. 1801 
note, a citizen of the Northern Mariana Islands who indicated in writing 
to a commissioned officer of the Armed Forces of the United States an 
intent to become a citizen, and not a national, of the United States 
upon full implementation of such Covenant, and who was otherwise 
qualified for military service under applicable laws and regulations, 
could enlist in the Armed Forces, expired Nov. 3, 1986, upon 
establishment of the Commonwealth of the Northern Mariana Islands.


          Enlistments Between June 30, 1955, and July 24, 1957

    Section 3 of Pub. L. 85-116, July 24, 1957, 71 Stat. 311, provided 
that enlistments under the Act of June 30, 1950, as amended, made after 
June 30, 1955 and before July 24, 1957 were deemed to have been made 
under a suspension of (1) the prohibition of section 2 of the Act of 
Aug. 1, 1894, as amended, which stated that in time of peace no person 
who is not a citizen of the United States or who has not made a legal 
declaration of intent to become a citizen could be enlisted for the 
first enlistment in the Army or (2) section 3253(c) of Title 10, Armed 
Forces, as the case may be.


           Enlistments Between July 24, 1957, and July 1, 1959

    Section 2 of Pub. L. 85-116, July 24, 1957, 71 Stat. 311, provided 
that subsection (c) of this section did not apply to enlistments made 
under the act of June 30, 1950, on and after July 24, 1957, and before 
July 1, 1959.
