10 U.S.C. § 509

Voluntary extension of enlistments: periods and benefits

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(a) Under such regulations as the Secretary concerned may prescribe, the term of enlistment of a member of an armed force may be extended or reextended with his written consent for any period. However, the total of all such extensions of an enlistment may not exceed four years.(b) When a member is discharged from an enlistment that has been extended under this section, he has the same rights, privileges, and benefits that he would have if discharged at the same time from an enlistment not so extended.(Added Pub. L. 90–235, § 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 755.)

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1970–2023 · leading case: Augustin S. James v. Louis Caldera, Sec'y of the Army & Philip J. Schrock, 159 F.3d 573 (Fed. Cir. 1999).

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Augustin S. James v. Louis Caldera, Sec'y of the Army & Philip J. Schrock, 159 F.3d 573 (Fed. Cir. 1999). · cites it 3× “Extensions of enlistments are governed by 10 U.S.C. § 509 (1994) (“Voluntary extension of enlistments: periods and benefits”).”

MacHinist Mate Second Class Ronald W. Johnson v. John N. Chafee, Sec'y of the Navy, 469 F.2d 1216 (2d Cir. 1973). “Section 5539(a) has been superseded by 10 U.S.C. § 509 (1970), which provides that “ .”

United States ex rel. Stone v. Robinson, 431 F.2d 548 (3rd Cir. 1970). “Pursuant to 10 U.S.C.A. § 509 , the Secretary promulgated AFM 35-16(13-1), Chapter 13, Special Instructions (Extensions of Enlistments).”

Pipes v. United States (Fed. Cl. 2020). “…with many other instances of the use of the word “voluntary” throughout Title 10 of the U.S. Code. See, e.g., 10 U.S.C. § 509 (voluntary extension of enlistments); § 638b (incentive for voluntary retirement); § 802 (voluntary enlistment); § 831 (voluntary statements);…”

Boyce v. United States (Fed. Cl. 2023). “§ 505 , at the expiration of his term of enlistment, he was automatically discharged from the Air Force and issued a DD Form 214.”

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