
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: 10USC3258]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART II--PERSONNEL
 
                        CHAPTER 333--ENLISTMENTS
 
Sec. 3258. Regular Army: reenlistment after service as an 
        officer
        
    (a) Any former enlisted member of the Regular Army who has served on 
active duty as a Reserve officer of the Army, or who was discharged as 
an enlisted member to accept a temporary appointment as an officer of 
the Army, is entitled to be reenlisted in the Regular Army in the 
enlisted grade that he held before his service as an officer, without 
loss of seniority or credit for service, regardless of the existence of 
a vacancy in his grade or of a physical disability incurred or having 
its inception in line of duty, if (1) his service as an officer is 
terminated by an honorable discharge or he is relieved from active duty 
for a purpose other than to await appellate review of a sentence that 
includes dismissal or dishonorable discharge, and (2) he applies for 
reenlistment within six months (or such other period as the Secretary of 
the Army prescribes for exceptional circumstances) after termination of 
that service.
    (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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 179; Pub. L. 85-603, Sec. 1(1), Aug. 
8, 1958, 72 Stat. 526; Pub. L. 102-484, div. A, title V, Sec. 520(a), 
Oct. 23, 1992, 106 Stat. 2408.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3258..................................  10:631a (less last proviso).         Ju
ly 14, 1939, ch. 267, Sec.  1
                                                                              (
less last proviso); restated May
                                                                              2
9, 1954, ch. 249, Sec.  19(b)
                                                                              (
less last proviso), 68 Stat. 166.
-------------------------------------------------------------------------------
---------------------------------

    The words ``former'' and ``as an enlisted member'' are inserted for 
clarity. The words ``credit for service'' are substituted for the words 
``of service''. The words ``in his grade'' are substituted for the words 
``in the appropriate enlisted grade''. The words ``he applies'' are 
substituted for the words ``application * * * shall be made''. The words 
``Hereafter'' and ``while on active duty'' are omitted as surplusage.


                               Amendments

    1992--Pub. L. 102-484 designated existing provisions as subsec. (a), 
added subsec. (b), and struck out at end of subsec. (a) ``However, if 
his service as an officer terminated by a general discharge, he may, 
under regulations to be prescribed by the Secretary of the Army, be so 
reenlisted.''
    1958--Pub. L. 85-603 limited entitlement to be reenlisted in 
enlisted grade to those officers whose service terminated by an 
honorable discharge and those relieved from active duty for a purpose 
other than to await appellate review of a sentence that includes 
dismissal or dishonorable discharge, and provided that persons whose 
service terminated by a general discharge, may, under regulations to be 
prescribed by the Secretary of the Army, be so reenlisted.


                    Effective Date of 1992 Amendment

    Section 520(c) of Pub. L. 102-484 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section and section 8258 
of this title] 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 [Oct. 
23, 1992].''
