2016 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law
Part II - Personnel
Chapter 31 - Enlistments
Sec. 504 - Persons not qualified
| 10 U.S.C. § 504 (2016) |
| §504. Persons not qualified |
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(a) Insanity, Desertion, Felons, Etc.—No person who is insane, intoxicated, or a deserter from an armed force, or who has been convicted of a felony, may be enlisted in any armed force. However, the Secretary concerned may authorize exceptions, in meritorious cases, for the enlistment of deserters and persons convicted of felonies. (b) Citizenship or Residency.—(1) A person may be enlisted in any armed force only if the person is one of the following: (A) A national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)). (B) An alien who is lawfully admitted for permanent residence, as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)). (C) A person described in section 341 of one of the following compacts: (i) The Compact of Free Association between the Federated States of Micronesia and the United States (section 201(a) of Public Law 108–188 (117 Stat. 2784; 48 U.S.C. 1921 note)). (ii) The Compact of Free Association between the Republic of the Marshall Islands and the United States (section 201(b) of Public Law 108–188 (117 Stat. 2823; 48 U.S.C. 1921 note)). (iii) The Compact of Free Association between Palau and the United States (section 201 of Public Law 99–658 (100 Stat. 3678; 48 U.S.C. 1931 note)). (2) Notwithstanding paragraph (1), the Secretary concerned may authorize the enlistment of a person not described in paragraph (1) if the Secretary determines that such enlistment is vital to the national interest. |
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(Added Pub. L. 90–235, §2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754; amended Pub. L. 109–163, div. A, title V, §542(a), Jan. 6, 2006, 119 Stat. 3253.) |
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AMENDMENTS
2006—Pub. L. 109–163 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). PROHIBITION ON WAIVER FOR COMMISSIONING OR ENLISTMENT IN THE ARMED FORCES FOR ANY INDIVIDUAL CONVICTED OF A FELONY SEXUAL OFFENSEPub. L. 112–239, div. A, title V, §523, Jan. 2, 2013, 126 Stat. 1723, which provided that an individual may not be provided a waiver for commissioning or enlistment in the Armed Forces if convicted of rape or other sexual offenses, was repealed by Pub. L. 113–66, div. A, title XVII, §1711(b), Dec. 26, 2013, 127 Stat. 963. See section 657 of this title. |
| United States Code, 2012 Edition, Supplement 4, Title 10 - ARMED FORCES |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 31 - ENLISTMENTS Sec. 504 - Persons not qualified |
| section 504 |
| 2016 |
| January 6, 2017 |
| Yes |
| standard |
| 81 Stat. 754 100 Stat. 3678 117 Stat. 2784, 2823 119 Stat. 3253 126 Stat. 1723 127 Stat. 963 |
| Public Law 90-235, Public Law 99-658, Public Law 108-188, Public Law 109-163, Public Law 112-239, Public Law 113-66 |
