or midshipman or, if he is a midshipman in the Naval Reserve, to the compensation and emoluments of a midshipman in the Naval Reserve. (b) If a person covered by subsection (a) is separated from service as a cadet or midshipman, or from service as a midshipman in the Naval Reserve, for any reason other than his appointment as a commissioned officer of a regular or reserve component of an armed force or because of a physical disability, he resumes his enlisted status and shall complete the period of service for which he was enlisted or for which he has an obligation, unless he is sooner discharged. In computing the unexpired part of an enlistment or period of obligated service for the purposes of this subsection, all service as a cadet or midshipman is counted as service under that enlistment or period of obligated service. (Added P.L. 85–861, § 1(9)A), Sept. 2, 1958, 72 Stat. 1439.) § 517. Authorized daily average: members in pay grades E-8 and E-9 (a) Except as provided in section 307 of title 37, the authorized daily average number of enlisted members on active duty (other than for training) in an armed force in pay grades E-8 and E-9 in a calendar year may not be more than 2 percent (or, in the case of the Army, 2.5 percent3) and 1 percent, respectively, of the number of enlisted members of that armed force who are on active duty (other than for training) on January 1 of that year. In computing the limitations prescribed in the preceding sentence, there shall be excluded enlisted members of an armed force on active duty (other than for training) in connection with organizing, administering, recruiting, instructing, or training the reserve component of an armed force. (b) Whenever the number of members serving in pay grade E9 is less than the number authorized for that grade under subsection (a), the difference between the two numbers may be applied to increase the number authorized under such subsection for pay grade E-8. (Added P.L. 87-649, § 2(1), Sept. 7, 1962, 76 Stat. 492, and amended P.L. 96–584, §4, Dec. 23, 1980, 94 Stat. 3377; P.L. 97-86, § 503(1), (2), Dec. 1, 1981, 95 Stat. 1107, 1108; P.L. 97-252, §503(a), Sept. 8, 1982, 96 Stat. 727; P.L. 98-94, §503, Sept. 24, 1983, 97 Stat. 631; P.L. 98525, §413(a), 414(a), Oct. 19, 1984, 98 Stat. 2517; P.L. 99-145, §413(a), Nov. 8, 1985, 99 Stat. 619; P.L. 100-180, § 413(a), Dec. 4, 1987, 101 Stat. 1083; P.L. 101-189, § 413(a), Nov. 29, 1989, 103 Stat. 1433; P.L. 102-190, § 413(a), Dec. 5, 1991, 105 Stat. 1352; P.L. 103-160, §413(a), Nov. 30, 1993, 107 Stat. 1643; P.L. 103–337, §§ 552(a), 1662(a)(4), Oct. 5, 1994, 108 Stat. 2772, 2988.) § 518. Temporary enlistments Temporary enlistments may be made only in the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be, without specification of component. (Added P.L. 90–235, § 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 755.) 9 Section 552(b) of the National Defense Authorization for Fiscal Year 1995 (P.L. 103-337; 108 Stat. 2772) provides: (b) SPECIAL RULE FOR 1995.-The percentage applicable to enlisted members of the Army in pay grade E-8 under section 517(a) of title 10, United States Code, during 1995 shall be 2.3 percent (rather than the percentage provided by the amendment made by subsection (a)). $519. Temporary enlistments: during war or emergency Except as provided in section 505 of this title and except for enlistments as Reserves of an armed force (1) temporary enlistments in an armed force entered into in time of war or of emergency declared by Congress shall be for the duration of the war or emergency plus six months; and (2) only persons at least eighteen years of age and otherwise qualified under regulations to be prescribed by the Secretary concerned are eligible for such enlistments. (Added P.L. 90-235, § 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 755.) $520. Limitation on enlistment and induction of persons whose score on the Armed Forces Qualification Test is below a prescribed level 4 (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 P.L. 96-342, § 302(b)(1), Sept. 8, 1980, 94 Stat. 1082, and amended P.L. 96-579, 89, Dec. 23, 1980, 94 Stat. 3369; P.L. 97-86, §402(b)(1), Dec. 1, 1981, 95 Stat. 1104; P.L. 98-94, 1268(3), Sept. 24, 1983, 97 Stat. 706; P.L. 100-370, 81(a)(1), July 19, 1988, 102 Stat. 840.) §520a. Criminal history information for military recruiting purposes (a) Each State and each unit of general local government of a State is requested to make available, upon request, to the Secretary concerned any criminal history information maintained by or available to such State or unit of general local government which pertains to any person who, within 90 days before the date on which such information was requested (1) has applied for enlistment in the armed forces, or (2) has applied, in connection with such person's application for enlistment, for participation in a program of the armed forces which requires a determination of the trustworthiness of persons who participate in such program. (b) In this section, "criminal history information" means the following information with respect to any juvenile or adult arrest, citation, or conviction of any person referred to in subsection (a): (1) The offense involved. (2) The age of the person with respect to whom such information pertains. *See section 3262 for percentage limitation on Army enlistees and inductees who are not high school graduates. (3) The dates of the arrest, citation, and conviction, if any. (4) The place the offense was alleged to have been committed, the place of the arrest, and the court to which the case was assigned. (5) The disposition of the case. (c) Criminal history information received under this section shall be confidential, and a person who has had access to any information received under this section may not disclose such information except to facilitate military recruiting. (d) The Secretaries concerned shall prescribe regulations, which shall be as uniform as practicable, to carry out this section. Regulations prescribed under this section shall be submitted to the Committees on Armed Services of the Senate and House of Representatives. (Added P.L. 97–252, § 1114(c)(1), Sept. 8, 1982, 96 Stat. 749.) § 520b. Applicants for enlistment: authority to use funds for the issue of authorized articles Funds appropriated to the Department of Defense may be used for the issue of authorized articles to applicants for enlistment. (Added P.L. 98–525, § 1401(a), Oct. 19, 1984, 98 Stat. 2614, and amended P.L. 99–145, § 1303(a), Nov. 8, 1985, 99 Stat. 738.) CHAPTER 32-OFFICER STRENGTH AND DISTRIBUTION IN GRADE Sec. 521. 522. 523. [524. 525. 526. 527. 528. Authority to prescribe total strengths of officers on active duty and officer strengths in various categories. Authorized total strengths: regular commissioned officers on active duty. Authorized strengths: commissioned officers on active duty in grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain. Transferred.] Distribution of commissioned officers on active duty in general officer and flag officer grades. Authorized strength: general and flag officers on active duty. Authority to suspend sections 523, 525, and 526. Limitation on number of officers on active duty in grades of general and ad miral. § 521. Authority to prescribe total strengths of officers on active duty and officer strengths in various categories (a) Whenever the needs of the services require, but at least once each fiscal year, the Secretary of Defense shall prescribe the total authorized active-duty strength as of the end of the fiscal year for officers in grades above chief warrant officer, W-5, for each of the armed forces under the jurisdiction of the Secretary of a military department. (b) Under regulations prescribed by the Secretary of Defense, the Secretary of each military department may, for an armed force under his jurisdiction, prescribe the strength of any category of officers that may serve on active duty. (Added P.L. 96-513, § 103, Dec. 12, 1980, 94 Stat. 2841; P.L. 102–190, § 1131(1)(A), Dec. 5, 1991, 105 Stat. 1505.) § 522. Authorized total strengths: regular commissioned officers on active duty The authorized strengths of the Army, Navy, Air Force, and Marine Corps in regular officers (other than retired officers) in grades above chief warrant officer, (W-5), are as follows: Army Air Force 63,000 55,000 80,000 17,000 (Added P.L. 96-513, § 103, Dec. 12, 1980, 94 Stat. 2841, and amended P.L. 98–525, §522, Oct. 19, 1984, 98 Stat. 2523; P.L. 102–90, § 1131(1)(B), Dec. 5, 1991, 105 Stat. 1505.) Marine Corps 117 § 523. Authorized strengths: commissioned officers on active duty in grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain (a)(1) Except as provided in subsection (c), of the total number of commissioned officers serving on active duty in the Army, Air Force, or Marine Corps at the end of any fiscal year (excluding officers in categories specified in subsection (b)), the number of officers who may be serving on active duty in each of the grades of major, lieutenant colonel, and colonel may not, as of the end of such fiscal year, exceed a number determined in accordance with the following table: 1 (2) Except as provided in subsection (c), of the total number of commissioned officers serving on active duty in the Navy at the end of any fiscal year (excluding officers in categories specified in subsection (b)), the number of officers who may be serving on active duty in each of the grades of lieutenant commander, commander, 1 For a variation of end strength limitations for Army majors and lieutenant colonels for fiscal years 1995 through 1997, see section 402 of the National Defense Authorization Act for Fiscal Year 1995, set out at the end of this chapter. |