
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: 10USC651]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                CHAPTER 37--GENERAL SERVICE REQUIREMENTS
 
Sec. 651. Members: required service

    (a) Each person who becomes a member of an armed force, other than a 
person deferred under the next to the last sentence of section 6(d)(1) 
of the Military Selective Service Act (50 U.S.C. App. 456(d)(1)) shall 
serve in the armed forces for a total initial period of not less than 
six years nor more than eight years, as provided in regulations 
prescribed by the Secretary of Defense for the armed forces under his 
jurisdiction and by the Secretary of Transportation for the Coast Guard 
when it is not operating as service in the Navy, unless such person is 
sooner discharged under such regulations because of personal hardship. 
Any part of such service that is not active duty or that is active duty 
for training shall be performed in a reserve component.
    (b) Each person covered by subsection (a) who is not a Reserve, and 
who is qualified, shall, upon his release from active duty, be 
transferred to a reserve component of his armed force to complete the 
service required by subsection (a).

(Aug. 10, 1956, ch. 1041, 70A Stat. 27; Pub. L. 85-861, Secs. 1(12), 
36B(3), Sept. 2, 1958, 72 Stat. 1440, 1570; Pub. L. 89-718, Sec. 5, Nov. 
2, 1966, 80 Stat. 1115; Pub. L. 95-79, title VIII, Sec. 803(a), July 30, 
1977, 91 Stat. 333; Pub. L. 96-107, title VIII, Sec. 805(b), Nov. 9, 
1979, 93 Stat. 813; Pub. L. 96-513, title V, Sec. 511(18), Dec. 12, 
1980, 94 Stat. 2921; Pub. L. 98-94, title X, Sec. 1022(b)(1), Sept. 24, 
1983, 97 Stat. 670.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
651(a)................................  50 App.:454(d)(3) (1st sentence,     Ju
ne 24, 1948, ch. 625, Sec.
                                         and less applicability to members    4
(d)(3) (less 4th sentence, and
                                         of National Security Training        l
ess applicability to members of
                                         Corps).                              N
ational Security Training Corps);
                                        50 App.:454(d)(3) (2d sentence, and   a
dded June 19, 1951, ch. 144, Sec.
651(b)................................   less applicability to members of      
1(g) (last par., less 4th
                                         National Security Training Corps).   s
entence, and less applicability
                                        50 App.:454(d)(3) (3d and last        t
o members of National Security
                                         sentences).                          T
raining Corps), 65 Stat. 79; July
                                                                              9
, 1952, ch. 608, Sec.  813, 66
651(c)................................                                        S
tat. 509.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the word ``male'' is inserted, since the source 
statute (Universal Military Training and Service Act (50 U.S.C. App. 451 
et seq.)) applies only to male persons. The words ``subsequent to the 
date of enactment of this paragraph [June 19, 1951]'' are omitted as 
executed. The words ``becomes a member'' are substituted for the words 
``is inducted, enlisted, or appointed * * * in''. The words ``in the 
armed forces'' are substituted for the words ``on active training and 
service in the Armed Forces * * * and in a reserve component''. The last 
sentence is substituted for the words ``or in training in the National 
Security Training Corps''. The words ``under any provision of law'' and 
``including the reserve components thereof'' are omitted as surplusage.
    In subsection (b), the words ``who is not a Reserve'' are inserted, 
since the eight year obligation for Reserves is covered by subsection 
(a). The words ``active duty'' are substituted for the words ``active 
training and service''. The last eight words are substituted for the 
words ``and shall serve therein for the remainder of the period which he 
is required to serve under this paragraph''. The words ``physically and 
mentally'' and 50 App.:454(d)(3) (last 15 words of 2d sentence) are 
omitted as surplusage.
    In [former] subsection (c), the words ``who is released from active 
duty'' are inserted for clarity. The words ``shall become a member'' are 
substituted for the words ``it shall be the duty of such person to 
enlist, enroll, or accept appointment in, or accept assignment to''. The 
words ``there is a vacancy'' are substituted for the words ``enlistment, 
enrollment, or appointment in, or assignment to''. 50 App.:454(d)(3) 
(last sentence) is omitted as surplusage.

                                                    1958 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
651(a)................................  50 App.:454(d)(3) (2d sentence).     Au
g. 9, 1955, ch. 665, Sec.  3(a)
                                                                              (
last sentence), 69 Stat. 603.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the word ``male'' is inserted, since the source 
statute applies only to male persons. The words ``subsequent to the date 
of enactment of the Reserve Forces Act of 1955'' are omitted as 
executed. The words ``becomes a member'' are substituted for the words 
``is inducted, enlisted, or appointed . . . in''. The last sentence is 
substituted for the words ``on active training and service . . . and in 
a reserve component''. The requirement of transfer to and service in a 
reserve component, after active training and service is covered by 
subsection (b) of this section. The words ``under any provision of law'' 
and ``including the reserve components thereof'' are omitted as 
surplusage.


                               Amendments

    1983--Subsec. (a). Pub. L. 98-94 amended subsec. (a) generally, 
substituting a reference to service in the armed forces for a total 
initial period of not less than six years nor more than eight years 
under prescribed regulations for the prior reference to service in the 
armed forces for a total of six years.
    1980--Subsec. (a). Pub. L. 96-513, substituted ``Secretary of 
Transportation'' for ``Secretary of the Treasury'', and ``section 
6(d)(1) of the Military Selective Service Act (50 U.S.C. App. 
456(d)(1))'' for ``section 456(d)(1) of title 50, appendix''.
    1979--Subsec. (a). Pub. L. 96-107 struck out ``before his twenty-
sixth birthday'' after ``force''.
    1977--Subsec. (a). Pub. L. 95-79 struck out ``male'' after ``Each'' 
and ``after August 9, 1955,'' after ``who''.
    1966--Subsec. (a). Pub. L. 89-718 struck out reference to persons 
who enlisted under section 1013 of title 50 in the description of 
persons not required to serve in the armed forces for a total of six 
years.
    1958--Subsec. (a). Pub. L. 85-861, Sec. 1(12), restricted section to 
male persons who became members of the armed forces after Aug. 9, 1955, 
excluded persons enlisted under section 1013 of Title 50 or deferred 
under the next to last sentence of section 456(d)(1) of Title 50, 
Appendix, reduced from eight to six years the required period of 
service, required any part of such service that is not active duty or is 
active duty for training to be performed in a reserve component, and 
struck out provisions which permitted members of the armed forces to 
count service in the National Security Training Corps as if it were 
service in the armed forces for the purposes of this subsection.
    Subsec. (c). Pub. L. 85-861, Sec. 36B(3), repealed subsec. (c) which 
required members released from active duty to become members of an 
organized unit of a reserve component of an officers' training program.


                    Effective Date of 1983 Amendment

    Section 1022(b)(2) of Pub. L. 98-94 provided that: ``The amendment 
made by paragraph (1) [amending this section] shall apply only with 
respect to persons who enter the Armed Forces 60 or more days after the 
date of the enactment of this Act [Sept. 24, 1983].''


                    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 1979 Amendment

    Amendment by Pub. L. 96-107 applicable to individuals who become 
members of an Armed Force after Nov. 9, 1979, see section 805(c) of Pub. 
L. 96-107, set out as a note under section 511 of this title.


                    Effective Date of 1977 Amendment

    Section 803(b) of Pub. L. 95-79 provided that: ``The amendments made 
by subsection (a) [amending this section] shall take effect on the first 
day of the seventh calendar month beginning after the month in which 
this Act is enacted [July 1977] and shall apply to any female person who 
becomes a member of an Armed Force on or after such day.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1174, 4348, 6959, 9348, 
12104, 12208, 12645 of this title; title 14 section 182; title 37 
section 308e; title 50 App. section 456.
