
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: 10USC520]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                         CHAPTER 31--ENLISTMENTS
 
Sec. 520. Limitation on enlistment and induction of persons 
        whose score on the Armed Forces Qualification Test is below a 
        prescribed level
        
    (a) The number of persons originally enlisted or inducted to serve 
on active duty (other than active duty for training) in any armed force 
during any fiscal year whose score on the Armed Forces Qualification 
Test is at or above the tenth percentile and below the thirty-first 
percentile may not exceed 20 percent of the total number of persons 
originally enlisted or inducted to serve on active duty (other than 
active duty for training) in such armed force during such fiscal year.
    (b) A person who is not a high school graduate may not be accepted 
for enlistment in the armed forces unless the score of that person on 
the Armed Forces Qualification Test is at or above the thirty-first 
percentile; however, a person may not be denied enlistment in the armed 
forces solely because of his not having a high school diploma if his 
enlistment is needed to meet established strength requirements.

(Added Pub. L. 96-342, title III, Sec. 302(b)(1), Sept. 8, 1980, 94 
Stat. 1082; amended Pub. L. 96-579, Sec. 9, Dec. 23, 1980, 94 Stat. 
3368; Pub. L. 97-86, title IV, Sec. 402(b)(1), Dec. 1, 1981, 95 Stat. 
1104; Pub. L. 98-94, title XII, Sec. 1268(3), Sept. 24, 1983, 97 Stat. 
705; Pub. L. 100-370, Sec. 1(a)(1), July 19, 1988, 102 Stat. 840.)


                      Historical and Revision Notes

                            1988 Act

    Amendment of subsection (b) is based on Pub. L. 93-307, title IV, 
Sec. 401, June 8, 1974, 88 Stat. 234, as amended by Pub. L. 93-365, 
title VII, Sec. 705, Aug. 5, 1974, 88 Stat. 406.


                               Amendments

    1988--Subsec. (b). Pub. L. 100-370 inserted before period at end ``; 
however, a person may not be denied enlistment in the armed forces 
solely because of his not having a high school diploma if his enlistment 
is needed to meet established strength requirements''.
    1983--Subsec. (a). Pub. L. 98-94 struck out provisions under which, 
for fiscal years beginning on October 1, 1980, and October 1, 1981, the 
total number of persons originally enlisted or inducted to serve on 
active duty (other than active duty for training) in the armed forces 
during such fiscal years whose score on the Armed Forces Qualification 
Test was at or above the tenth percentile and below the thirty-first 
percentile could not exceed 25 percent of the number of such persons 
enlisted or inducted into the armed forces during such fiscal years, 
and, in the provisions remaining applicable to fiscal years beginning 
after Sept. 30, 1982, substituted ``20 percent of the total number of 
persons originally enlisted or inducted to serve on active duty (other 
than active duty for training) in such armed force'' for ``20 percent of 
the number of such persons enlisted or inducted into such armed force''.
    1981--Pub. L. 97-86 designated existing provisions as subsec. (a) 
and added subsec. (b).
    1980--Pub. L. 96-579 struck out subsec. (a) designation and subsec. 
(b) authorizing the Secretary of Defense for national security reasons 
to waive the enlistment and induction limitation based on percentile 
limits conditioned upon notification of the Congress and a concurrent 
resolution of approval.


                    Effective Date of 1981 Amendment

    Section 402(b)(2) of Pub. L. 97-86 provided that: ``The amendments 
made by paragraph (1) [amending this section] shall take effect at the 
end of the 30-day period beginning on the date of the enactment of this 
Act [Dec. 1, 1981].''


  Pilot Program for Treating GED and Home School Diploma Recipients as 
 High School Graduates for Determinations of Eligibility for Enlistment 
                             in Armed Forces

    Pub. L. 105-261, div. A, title V, Sec. 571, Oct. 17, 1998, 112 Stat. 
2033, as amended by Pub. L. 106-65, div. A, title X, Sec. 1067(3), Oct. 
5, 1999, 113 Stat. 774, provided that:
    ``(a) Program Required.--The Secretary of Defense shall establish a 
pilot program to assess whether the Armed Forces could better meet 
recruiting requirements by treating GED recipients and home school 
diploma recipients as having graduated from high school with a high 
school diploma for the purpose of determining the eligibility of those 
persons to enlist in the Armed Forces. The Secretary of each military 
department shall administer the pilot program for the Armed Force or 
armed forces under the jurisdiction of that Secretary.
    ``(b) Persons Eligible Under the Pilot Program as High School 
Graduates.--Under the pilot program, a person shall be treated as having 
graduated from high school with a high school diploma for the purpose 
described in subsection (a) if--
        ``(1) the person has completed a general education development 
    program while participating in the National Guard Challenge Program 
    under section 509 of title 32, United States Code, and is a GED 
    recipient; or
        ``(2) the person is a home school diploma recipient and provides 
    a transcript demonstrating completion of high school to the military 
    department involved under the pilot program.
    ``(c) GED and Home School Diploma Recipients.--For the purposes of 
this section--
        ``(1) a person is a GED recipient if the person, after 
    completing a general education development program, has obtained 
    certification of high school equivalency by meeting State 
    requirements and passing a State approved exam that is administered 
    for the purpose of providing an appraisal of the person's 
    achievement or performance in the broad subject matter areas usually 
    required for high school graduates; and
        ``(2) a person is a home school diploma recipient if the person 
    has received a diploma for completing a program of education through 
    the high school level at a home school, without regard to whether 
    the home school is treated as a private school under the law of the 
    State in which located.
    ``(d) Annual Limit on Number.--Not more than 1,250 GED recipients 
and home school diploma recipients enlisted by an armed force during a 
fiscal year may be treated under the pilot program as having graduated 
from high school with a high school diploma.
    ``(e) Duration of Pilot Program.--The pilot program shall be in 
effect during the period beginning on October 1, 1998, and ending on 
September 30, 2003.
    ``(f) Report.--Not later than February 1, 2004, the Secretary of 
Defense shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representatives a 
report on the pilot program. The report shall include the following, set 
forth separately for GED recipients and home school diploma recipients:
        ``(1) The assessment of the Secretary of Defense, and any 
    assessment of any of the Secretaries of the military departments, 
    regarding the value of, and any necessity for, authority to treat 
    GED recipients and home school diploma recipients as having 
    graduated from high school with a high school diploma for the 
    purpose of determining the eligibility of those persons to enlist in 
    the Armed Forces.
        ``(2) A comparison (shown by armed force and by each fiscal year 
    of the pilot program) of the performance of the persons who enlisted 
    during the fiscal year as GED or home school diploma recipients 
    treated under the pilot program as having graduated from high school 
    with a high school diploma with the performance of the persons who 
    enlisted in that armed force during the same fiscal year after 
    having graduated from high school with a high school diploma, with 
    respect to the following:
            ``(A) Attrition.
            ``(B) Discipline.
            ``(C) Adaptability to military life.
            ``(D) Aptitude for mastering the skills necessary for 
        technical specialties.
            ``(E) Reenlistment rates.
    ``(g) State Defined.--For purposes of this section, the term `State' 
includes the District of Columbia, the Commonwealth of Puerto Rico, and 
the territories of the United States.''


 Maximum Number of Army Enlistees and Inductees Who Are Not High School 
                                Graduates

    Section 302(a) of Pub. L. 96-342, as amended by Pub. L. 97-86, title 
IV, Sec. 402(a), Dec. 1, 1981, 95 Stat. 1104; Pub. L. 97-252, title IV, 
Sec. 403, Sept. 8, 1982, 96 Stat. 725; Pub. L. 98-94, title IV, 
Sec. 402, Sept. 24, 1983, 97 Stat. 629; Pub. L. 98-525, title IV, 
Sec. 402, Oct. 19, 1984, 98 Stat. 2516; Pub. L. 99-145, title IV, 
Sec. 402, Nov. 8, 1985, 99 Stat. 618, provided that: ``The number of 
male individuals (with no prior military service) enlisted or inducted 
into the Army during the fiscal year beginning on October 1, 1985, who 
are not high school graduates may not exceed, as of September 30, 1986, 
35 percent of all male individuals (with no prior military service) 
enlisted or inducted into the Army during such fiscal year.''
    [Section 402 of Pub. L. 99-145 provided that amendment of this note 
by Pub. L. 99-145 is effective Oct. 1, 1985.]
    [Section 402 of Pub. L. 98-525 provided that amendment of this note 
by Pub. L. 98-525 is effective Oct. 1, 1984.]
    [Section 402 of Pub. L. 98-94 provided that amendment of this note 
by Pub. L. 98-94 is effective Oct. 1, 1983.]
    [Section 403 of Pub. L. 97-252 provided that amendment of this note 
by Pub. L. 97-252 is effective Oct. 1, 1982.]


     Denial of Enlistment for Lack of High School Diploma Prohibited

    Pub. L. 93-307, title IV, Sec. 401, June 8, 1974, 88 Stat. 234, as 
amended by Pub. L. 93-365, title VII, Sec. 705, Aug. 5, 1974, 88 Stat. 
406, which provided that no volunteer for enlistment into the Armed 
Forces shall be denied enlistment solely because of his not having a 
high school diploma when his enlistment is needed to meet established 
strength requirements, was repealed and restated in sections 520(b) and 
3262 of this title by Pub. L. 100-370, Sec. 1(a), July 19, 1988, 102 
Stat. 840.

                  Section Referred to in Other Sections

    This section is referred to in section 3262 of this title.
