10 USC § 1150 - Affiliation with Guard and Reserve units: waiver of certain limitations

---
identifier: "/us/usc/t10/s1150"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 1150 - Affiliation with Guard and Reserve units: waiver of certain limitations"
title_number: 10
title_name: "ARMED FORCES"
section_number: "1150"
section_name: "Affiliation with Guard and Reserve units: waiver of certain limitations"
chapter_number: 58
chapter_name: "BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR RECENTLY SEPARATED"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 101–510, div. A, title V, § 502(a)(1), Nov. 5, 1990, 104 Stat. 1557; amended Pub. L. 102–484, div. A, title V, § 514, Oct. 23, 1992, 106 Stat. 2406; Pub. L. 103–160, div. A, title V, § 561(j), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103–337, div. A, title V, § 542(a)(9), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 105–261, div. A, title V, § 561(p), Oct. 17, 1998, 112 Stat. 2027; Pub. L. 106–398, § 1 [[div. A], title V, § 571(o)], Oct. 30, 2000, 114 Stat. 1654, 1654A–135; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–239, div. A, title X, § 1076(f)(18), Jan. 2, 2013, 126 Stat. 1952.)"
---


# § 1150. Affiliation with Guard and Reserve units: waiver of certain limitations

**(a)** **Preference for Certain Persons.—** A person who is separated from the armed forces during the period beginning on October 1, 1990, and ending on December 31, 2001, and who applies to become a member of a National Guard or Reserve unit within one year after the date of such separation shall be given preference over other equally qualified applicants for existing or projected vacancies within the unit to which the member applies.

**(b)** **Limited Waiver of Strength Limitations.—** Under regulations prescribed by the Secretary of Defense, a person covered by subsection (a) who enters a National Guard or Reserve unit pursuant to an application described in such subsection may be retained in that unit for up to three years without regard to reserve-component strength limitations so long as the individual maintains good standing in that unit.

**(c)** **Coast Guard.—** This section shall apply to the Coast Guard in the same manner and to the same extent as it applies to the Department of Defense. The Secretary of Homeland Security shall prescribe regulations to implement this section for the Coast Guard when it is not operating as a service in the Navy.

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**Source Credit**: (Added Pub. L. 101–510, div. A, title V, § 502(a)(1), Nov. 5, 1990, 104 Stat. 1557; amended Pub. L. 102–484, div. A, title V, § 514, Oct. 23, 1992, 106 Stat. 2406; Pub. L. 103–160, div. A, title V, § 561(j), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103–337, div. A, title V, § 542(a)(9), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 105–261, div. A, title V, § 561(p), Oct. 17, 1998, 112 Stat. 2027; Pub. L. 106–398, § 1 [[div. A], title V, § 571(*o*)], Oct. 30, 2000, 114 Stat. 1654, 1654A–135; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–239, div. A, title X, § 1076(f)(18), Jan. 2, 2013, 126 Stat. 1952.)

## Editorial Notes

### Amendments

2013—Subsec. (c).  inserted “when it is not operating as a service in the Navy” after “for the Coast Guard”.

2002—Subsec. (c).  substituted “of Homeland Security” for “of Transportation”.

2000—Subsec. (a).  substituted “” for “”.

1998—Subsec. (a).  substituted “during the period beginning on , and ending on ” for “during the nine-year period beginning on ”.

1994—Subsec. (c).  added subsec. (c).

1993—Subsec. (a).  substituted “nine-year period” for “five-year period”.

1992—Subsec. (a).  struck out “involuntarily” after “who is”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2002 Amendment

Amendment by  effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see , set out as a note under .

### Effective Date of 1994 Amendment

Amendment by  applicable only to members of the Coast Guard who are separated after , see , set out as a note under .