
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: 10USC8258]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                           PART II--PERSONNEL
 
                        CHAPTER 833--ENLISTMENTS
 
Sec. 8258. Regular Air Force: reenlistment after service as an 
        officer
        
    (a) Any former enlisted member of the Regular Air Force who has 
served on active duty as a reserve officer of the Air Force, or who was 
discharged as an enlisted member to accept a temporary appointment as an 
officer of the Air Force, is entitled to be reenlisted in the Regular 
Air Force 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 Air Force 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. 505; Pub. L. 85-603, Sec. 1(3), Aug. 
8, 1958, 72 Stat. 526; Pub. L. 102-484, div. A, title V, Sec. 520(b), 
Oct. 23, 1992, 106 Stat. 2409.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
8258..................................  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 Air Force, 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 Air Force, be so reenlisted.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-484 applicable to persons discharged or 
released from active duty as commissioned officers in the Air Force 
Reserve after Oct. 23, 1992, see section 520(c) of Pub. L. 102-484, set 
out as a note under section 3258 of this title.
