10 U.S.C. § 505

Regular components: qualifications, term, grade

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(a) The Secretary concerned may accept original enlistments in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be, of qualified, effective, and able-bodied persons who are not less than seventeen years of age nor more than forty-two years of age. However, no person under eighteen years of age may be originally enlisted without the written consent of his parent or guardian, if he has a parent or guardian entitled to his custody and control.(b) A person is enlisted in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard in the grade or rating prescribed by the Secretary concerned.(c) The Secretary concerned may accept original enlistments of persons for the duration of their minority or for a period of at least two but not more than eight years, in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be.(d)(1) The Secretary concerned may accept a reenlistment in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be, for a period determined under this subsection.(2) In the case of a member who has less than 10 years of service in the armed forces as of the day before the first day of the period for which reenlisted, the period for which the member reenlists shall be at least two years but not more than eight years.(3) In the case of a member who has at least 10 years of service in the armed forces as of the day before the first day of the period for which reenlisted, the Secretary concerned may accept a reenlistment for either—(A) a specified period of at least two years but not more than eight years; or(B) an unspecified period.(4) No enlisted member is entitled to be reenlisted for a period that would expire before the end of the member’s current enlistment.(e)Enlistments in the Space Force.—For enlistments in the Space Force, see sections 20301 and 20302 of this title.(Added Pub. L. 90–235, § 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754; amended Pub. L. 93–290, May 24, 1974, 88 Stat. 173; Pub. L. 95–485, title VIII, § 820(a), Oct. 20, 1978, 92 Stat. 1627; Pub. L. 98–94, title X, § 1023, Sept. 24, 1983, 97 Stat. 671; Pub. L. 104–201, div. A, title V, § 511, Sept. 23, 1996, 110 Stat. 2514; Pub. L. 109–163, div. A, title V, §§ 543, 544, Jan. 6, 2006, 119 Stat. 3253; Pub. L. 110–417, [div. A], title V, § 531(a), Oct. 14, 2008, 122 Stat. 4449; Pub. L. 116–283, div. A, title IX, § 924(b)(5)(A), Jan. 1, 2021, 134 Stat. 3822; Pub. L. 118–31, div. A, title XVII, § 1717(b)(2), Dec. 22, 2023, 137 Stat. 655.)Editorial NotesCodification

Another section 505 was renumbered section 500e of this title.

Amendments

2023—Pub. L. 118–31, § 1717(b)(2)(A), struck out “Regular Space Force,” after “Regular Marine Corps,” wherever appearing.

Subsec. (e). Pub. L. 118–31, § 1717(b)(2)(B), added subsec. (e).

2021—Pub. L. 116–283 substituted “Regular Marine Corps, Regular Space Force,” for “Regular Marine Corps,” wherever appearing.

2008—Subsec. (d)(2), (3)(A). Pub. L. 110–417 substituted “eight years” for “six years”.

2006—Subsec. (a). Pub. L. 109–163, § 543, in first sentence, substituted “forty-two years of age” for “thirty-five years of age”.

Subsec. (c). Pub. L. 109–163, § 544, substituted “eight years” for “six years”.

1996—Subsec. (d). Pub. L. 104–201 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The Secretary concerned may accept reenlistments in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be, for period of at least two but not more than six years. No enlisted member is entitled to be reenlisted for a period that would expire before the end of his current enlistment.”

1983—Subsecs. (c), (d). Pub. L. 98–94 substituted “at least two but not more than six years” for “two, three, four, five, or six years”.

1978—Subsecs. (d), (e). Pub. L. 95–485 redesignated subsec. (e) as (d). Former subsec. (d), which provided that in the Regular Army female persons may be enlisted only in the Women’s Army Corps, was struck out.

1974—Subsec. (a). Pub. L. 93–290, § 1, struck out provisions which prohibited the Secretary from accepting original enlistments from female persons less than 18 years of age, and which required consent of the parent or guardian for an original enlistment of a female person under 21 years of age.

Subsec. (c). Pub. L. 93–290, § 2, substituted provisions permitting the Secretary to accept original enlistments of persons for the duration of their minority or for a period of two, three, four, five, or six years, for provisions which limited the Secretary to accept original enlistments from male persons for the duration of their minority or for a period of two, three, four, five, or six years, and from female persons for a period of two, three, four, five, or six years.

Statutory Notes and Related SubsidiariesTransfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Notes of Decisions

Cited in 41 cases (4 in the last 5 years), 1969–2026 · leading case: Brown v. Ent. Merchants Assn., 131 S. Ct. 2729 (2011).

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Brown v. Ent. Merchants Assn., 131 S. Ct. 2729 (2011). · cites it 2× “10 U. S. C. §505 (a). And minors remain subject to curfew laws across the country, see Brief for Louisiana et al.”

Hodgson v. Minnesota, 497 U.S. 417 (1990). · cites it 2× “" 10 U. S. C. §§ 505 (a), 2104(b)(4), 2107(b)(4).”

Jane Doe 2 v. Patrick Shanahan, 917 F.3d 694 (D.C. Cir. 2019). · cites it 2× “In presumptively disqualifying individuals with gender dysphoria, the Mattis policy, like the Carter policy before it, serves the same legitimate interests as other disqualifications: ensuring that the armed forces consist “of qualified, effective, and able- bodied persons.”

Graham v. Florida, 176 L. Ed. 2d 825 (2010). “See 10 U.S.C. §§ 505 (a) (permitting enlistment at age 17), 856a; § 920 (2006 ed.”

Raskin v. Dallas Indep Sch Dist, 69 F.4th 280 (5th Cir. 2023). “, 10 U.S.C. § 505 (a) (prohibiting 17-year-olds from enlisting in the armed forces, even if they want to, without parental consent); Tex.”

Edward Larry Dodson v. United States Gov't, Dep't of the Army, 988 F.2d 1199 (Fed. Cir. 1993). “See 10 U.S.C. §§ 505 (d), 508(b) (1988) (emphasis added).”

State v. Sieyes, 225 P.3d 995 (Wash. 2010). “10 U.S.C. § 505 (a). Such 17-year-old volunteers do not yet enjoy the right to vote, U.”

Anthony v. Com. of Mass., 415 F. Supp. 485 (D. Mass. 1976). · cites it 2× “10 U.S.C. § 505 as amended by Act of May 24, 1974, Pub.”

State v. Sieyes, 168 Wash. 2d 276 (Wash. 2010). “10 U.S.C. § 505 (a). Such 17-year-old volunteers do not yet enjoy the right to vote, U.”

Jackson v. United States, 216 Ct. Cl. 25 (Ct. Cl. 1978). “) In our opinion, 10 U.S.C. § 505 requires written instruments for an enlistment.”

Joyce Atkinson v. United States, 825 F.2d 202 (9th Cir. 1987). “See 10 U.S.C. § 505 (1982) (admitting women into the regular armed forces as of 1978).”

Commonwealth v. Semenza, 127 A.3d 1 (Pa. Super. Ct. 2015). “10 U.S.C. § 505 . 10 . M.K.S, added that on unspecified dates, she "continued [her] degree” at the University of Scranton and graduated with degrees in criminal justice and psychology.”

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