10 U.S.C. § 508

Reenlistment: qualifications

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(a) No person whose service during his last term of enlistment was not honest and faithful may be reenlisted in an armed force. However, the Secretary concerned may authorize the reenlistment in the armed force under his jurisdiction of such a person if his conduct after that service has been good.(b) A person discharged from a Regular component may be reenlisted in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, Space Force, or Regular Coast Guard, as the case may be, under such regulations as the Secretary concerned may prescribe.(c) This section does not deprive a person of any right to be reenlisted in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, Space Force, or Regular Coast Guard under any other provision of law.(Added Pub. L. 90–235, § 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 755; amended Pub. L. 116–283, div. A, title IX, § 924(b)(5)(C), Jan. 1, 2021, 134 Stat. 3822; Pub. L. 118–31, div. A, title XVII, § 1717(b)(4), Dec. 22, 2023, 137 Stat. 655.)Editorial NotesAmendments

2023—Subsecs. (b), (c). Pub. L. 118–31 struck out “Regular” before “Space Force”.

2021—Subsecs. (b), (c). Pub. L. 116–283 substituted “Regular Marine Corps, Regular Space Force,” for “Regular Marine Corps,”.

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 14 cases (1 in the last 5 years), 1977–2023 · leading case: Neal v. Sec'y of the Navy, 472 F. Supp. 763 (E.D. Pa. 1979).

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Neal v. Sec'y of the Navy, 472 F. Supp. 763 (E.D. Pa. 1979). · cites it 2× “The Commandant, with power delegated to him by the Secretary of the Navy, exercises plenary control over reenlistments pursuant to 10 U.S.C. § 508 (b) (1976), which provides: (b) A person discharged from a Regular component may be reenlisted in the Regular Marine Corps .”

Joseph S. Neal v. Sec'y of the Navy & Commandant of the Marine Corps, 639 F.2d 1029 (3rd Cir. 1981). “” 10 U.S.C. § 508 (b) (1976). See In re Richardson, 209 Ct.”

Harper v. United States, 104 Fed. Cl. 287 (Fed. Cl. 2012). “Moreover, defendant cites statutory authority, 10 U.S.C. § 508 (a) (2006), that specifically denies plaintiff the right to reenlist because of the finding of guilt against him at the NJP for wrongful use of cocaine.”

United States v. Clardy, 13 M.J. 308 (1982). “In addition, Congress provided in 10 U.S.C. § 508 , that a person so discharged might be reenlisted.”

Williams v. United States, 541 F. Supp. 1187 (E.D.N.C. 1982). · cites it 2× “” 10 U.S.C. § 508 (a) (1976) (emphasis added).”

Anderson v. United States, 46 Fed. Cl. 725 (Fed. Cl. 2000). “, citing 10 U.S.C. § 508 (b) (1988). Dismissals are generally not presumed to be a final adjudication based upon the case when it is made without prejudice.”

Stein v. United States, 121 Fed. Cl. 248 (Fed. Cl. 2015). “§ 505 (d) (2012); 10 U.S.C. § 508 (b) (2012), and the Secretary has prescribed regulations on the eligibility standard for reenlistment.”

Vance v. United States, 434 F. Supp. 826 (N.D. Tex. 1977). “In addition to the differences in military prestige and privileges, the career progressions of the two groups are markedly different under current statutes in that enlisted men may routinely reenlist for fixed terms, 10 U.S.C.A. § 508 (1975), while officers are subject to an…”

Linsday v. Brown, 9 Vet. App. 225 (Vet. App. 1996). · cites it 2× “10 U.S.C. § 508 (codified then at 10 U.S.”

Rich v. Sec'y of Army, 735 F.2d 1220 (10th Cir. 1984). “"); 10 U.S.C. § 508 (b) (discharged persons may reenlist "under such regulations as the Secretary concerned may prescribe"); 10 U.”

Gove v. United States, 24 Cl. Ct. 296 (Ct. Cl. 1991). · cites it 2× “In response to defendant’s motion, plaintiff cites 10 U.S.C. § 508 (b) (1988), as a predicate for jurisdiction.”

Martin v. United States, 230 Ct. Cl. 887 (Ct. Cl. 1982). “The statute authorizing reenlistment, 10 U.S.C. §508 (b) (1976), is permissive, not mandatory.”

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