# § 7138. Regular Army: reenlistment after service as an officer
**(a)** Any former enlisted member of the Regular Army who has served on active duty as an officer of the Army, or who was discharged as an enlisted member to accept an appointment as an officer of the Army, is entitled to be reenlisted in the Regular Army in the enlisted grade that he held before his service as an officer, without loss of seniority or credit for service, regardless of the existence of a vacancy in his grade or of a physical disability incurred or having its inception in line of duty, if (1) his service as an officer is terminated by an honorable discharge or he is relieved from active duty for a purpose other than to await appellate review of a sentence that includes dismissal or dishonorable discharge, and (2) he applies for reenlistment within six months (or such other period as the Secretary of the Army prescribes for exceptional circumstances) after termination of that service.
**(b)** A person is not entitled to be reenlisted under this section if—
**(1)** the person was discharged or released from active duty as an officer on the basis of a determination of—
**(A)** misconduct;
**(B)** moral or professional dereliction;
**(C)** duty performance below prescribed standards for the grade held; or
**(D)** retention being inconsistent with the interests of national security; or
**(2)** the person’s former enlisted status and grade was based solely on the participation by that person in a precommissioning program that resulted in the commission held by that person during the active duty from which the person was released or discharged.
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**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 179, § 3258; Pub. L. 85–603, § 1(1), Aug. 8, 1958, 72 Stat. 526; Pub. L. 102–484, div. A, title V, § 520(a), Oct. 23, 1992, 106 Stat. 2408; Pub. L. 110–181, div. A, title V, § 506(a), Jan. 28, 2008, 122 Stat. 96; renumbered § 7138, Pub. L. 115–232, div. A, title VIII, § 808(b)(2), Aug. 13, 2018, 132 Stat. 1838.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 3258 | 10:631a (less last proviso). | July 14, 1939, ch. 267, § 1 (less last proviso); restated May 29, 1954, ch. 249, § 19(b) (less last proviso), 68 Stat. 166. |
The words “former” and “as an enlisted member” are inserted for clarity. The words “credit for service” are substituted for the words “of service”. The words “in his grade” are substituted for the words “in the appropriate enlisted grade”. The words “he applies” are substituted for the words “application * * * shall be made”. The words “Hereafter” and “while on active duty” are omitted as surplusage.
## Editorial Notes
### Amendments
2018— renumbered as this section.
2008—Subsec. (a). , substituted “an officer” for “a Reserve officer” and “an appointment” for “a temporary appointment”.
Subsec. (b)(1). , substituted “an officer” for “a Reserve officer” in introductory provisions.
Subsec. (b)(2). , substituted “the commission” for “the Reserve commission”.
1992— designated existing provisions as subsec. (a), added subsec. (b), and struck out at end of subsec. (a) “However, if his service as an officer terminated by a general discharge, he may, under regulations to be prescribed by the Secretary of the Army, be so reenlisted.”
1958— limited entitlement to be reenlisted in enlisted grade to those officers whose service terminated by an honorable discharge and those relieved from active duty for a purpose other than to await appellate review of a sentence that includes dismissal or dishonorable discharge, and provided that persons whose service terminated by a general discharge, may, under regulations to be prescribed by the Secretary of the Army, be so reenlisted.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2018 Amendment
Amendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .
### Effective Date of 1992 Amendment
> “The amendments made by subsections (a) and (b) [amending this section and
>
> ] shall apply to persons discharged or released from active duty as commissioned officers in the Army Reserve or the Air Force Reserve, respectively, after the date of the enactment of this Act [
>
> ].”
, , , provided that: