10 U.S.C. § 2115

Graduates: limitation on number permitted to perform civilian Federal service

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The Secretary of Defense may allow not more than 20 percent of the graduates of each class at the University to perform civilian Federal service for not less than seven years following the completion of their professional education in lieu of active duty in a uniformed service if the needs of the uniformed services do not require that such graduates perform active duty in a uniformed service and as long as the Secretary of Defense does not recall such persons to active duty in the uniformed services. Such persons who execute an agreement in writing to perform such civilian Federal service may be released from active duty following the completion of their professional education. The location and type of their duty shall be determined by the Secretary of Defense after consultation with the heads of Federal agencies concerned.

Notes of Decisions

Cited in 2 cases, 1981–1985 · leading case: Hahn, Michael S. & Bradley, B. Shay & All Other Persons Similarly Situated v. United States, 757 F.2d 581 (3rd Cir. 1985).

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Hahn, Michael S. & Bradley, B. Shay & All Other Persons Similarly Situated v. United States, 757 F.2d 581 (3rd Cir. 1985). “§§ 2114 (b), 2123, unless relieved of that obligation by the Secretary, 10 U.S.C. §§ 2115 , 2123(d). Thus, we believe that Congress could rationally decide that depriving these persons of constructive service credit would be more inequitable than depriving Scholarship Program…”

Florance v. United States, 229 Ct. Cl. 61 (Ct. Cl. 1981). · cites it 3× “On August 8, 1978, after having successfully completed two years of medical training at Department of Defense expense, plaintiff informed the Dean of USUHS that he no longer desired a career in the uniformed services, but instead wished to perform, under 10 U.S.C. §2115 , some…”

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