10 USC 2107 - Sec. 2107a. Financial assistance program for specially selected members: Army Reserve and Army National Guard

10 USC - U.S. Code - Title 10: Armed Forces (January 2004)


Permanent Link: http://vlex.com/vid/19222574

Id. vLex: VLEX-19222574

Click here to download this article in graphic format (Acrobat Reader)

Search in this document

Sponsored Ads:


Text:

  (a)(1) The Secretary of the Army may appoint as a cadet in the Army Reserve or Army National Guard of the United States any eligible member of the program who is enrolled in the Advanced Course of the Army Reserve Officers' Training Corps at a military college, military junior college, or civilian institution and who will be under 31 years of age on December 31 of the calendar year in which he is eligible under this section for appointment as a second lieutenant in the Army Reserve or Army National Guard. (2) To be considered a military college or military junior college for the purposes of this section, a school must be a civilian postsecondary educational institution essentially military in nature and meet such other requirements as the Secretary of the Army may prescribe.

For purposes of this section, a military junior college does not confer a baccalaureate degree. (b)(1) To be eligible for appointment as a cadet under this section, a member of the program must - (A) be a citizen of the United States; (B) be specially selected for the financial assistance program under this section under procedures prescribed by the Secretary of the Army; (C) enlist in a reserve component of the Army for the period prescribed by the Secretary of the Army; (D) contract, with the consent of his parent or guardian if he is a minor, with the Secretary of the Army to serve for the period required by the program; (E) agree in writing that he will accept an appointment, if offered, as a commissioned officer in the Army Reserve or the Army National Guard of the United States; and (F) agree in writing that he will serve in a troop program unit of the Army Reserve or Army National Guard for not less than eight years. (2) Performance of duty under an agreement under this subsection shall be under such terms and conditions as the Secretary of the Army may prescribe and may include periods of active duty, active duty for training, and other service in an active or inactive status in the reserve component in which appointed. (3) In the case of a cadet under this section at a military junior college, the Secretary may, at any time and with the consent of the cadet concerned, modify an agreement described in paragraph (1)(F) submitted by the cadet to reduce or eliminate the troop program unit service obligation specified in the agreement and to establish, in lieu of that obligation, an active duty service obligation.

Such a modification may be made only if the Secretary determines that it is in the best interests of the United States to do so. (c)(1) The Secretary of the Army shall provide for the payment of all expenses of the Department of the Army in administering the financial assistance program under this section, including the cost of tuition, fees, books, and laboratory expenses which are incurred by members of the program appointed as cadets under this section while such members are students at a military junior college. (2) In the case of a cadet eligible to receive financial assistance under paragraph (1), the Secretary of the military department concerned may, in lieu of all or part of the financial assistance described in paragraph (1), provide financial assistance in the form of room and board expenses for such cadet and other expenses required by the educational institution. (3) The total amount of financial assistance, including the payment of room and board and any other educational expenses, provided to a cadet in an academic year under this subsection may not exceed an amount equal to the amount that could be provided as financial assistance for such cadet under paragraph (1), or another amount determined by the Secretary of the Army, without regard to whether the room and board and other educational expenses for such cadet are paid under paragraph (2). (d) Upon satisfactorily completing the academic and military requirements of the program, a cadet may be appointed as a reserve officer in the Army in the grade of second lieutenant, even though he is under 21 years of age. (e) The date of rank of officers appointed under this section in May or June of any year is the date of graduation of cadets from the United States Military Academy in that year. The Secretary of the Army shall establish the date of rank of all other officers appointed under this section. (f) A cadet who does not complete the course of instruction, or who completes the course but declines to accept a commission when offered, or who does not complete a baccalaureate degree within five years after appointment as a cadet under this section, may be ordered to active duty by the Secretary of the Army to serve in his enlisted grade for such period of time as the Secretary prescribes but not for more than four years. (g) In computing length of service for any purpose, an officer appointed under this section may not be credited with service as a cadet or with concurrent enlisted service, other than enlisted service performed after August 1, 1979, as a member of the Selected Reserve. (h) The Secretary of the Army shall appoint not more than 208 cadets each year under this section, to include not less than 17 cadets at each military junior college at which there are not less than 17 members of the program eligible under subsection (b) for such an appointment.

At any military junior college at which in any year there are fewer than 17 such members, the Secretary shall appoint each such member as a cadet under this section. (i) Cadets appointed under this section are in addition to the number appointed under section 2107 of this title.


Amendments

2003 - Subsec. (c). Pub. L. 108-136, Sec. 521(b), designated existing provisions as par. (1) and added pars. (2) and (3). Subsec. (h). Pub. L. 108-136, Sec. 522, substituted "17" for "10" wherever appearing. 2001 - Subsec. (a)(1). Pub. L. 107-107, Sec. 534(b), substituted "31 years of age on December 31" for "27 years of age on June 30" and struck out ", except that the age of any such member who has served on active duty in the armed forces may exceed such age limitation on such date by a period equal to the period such member served on active duty, but only if such member will be under 30 years of age on such date" before period at end. Subsec. (b). Pub. L. 107-107, Sec. 536(a), designated introductory provisions of subsec. (b) as introductory provisions of par. (1), redesignated former pars. (1) to (6) as subpars. (A) to (F), respectively, of par. (1), redesignated former concluding provisions as par. (2), and added par. (3). Subsec. (h). Pub. L. 107-107, Sec. 536(c), substituted "At any military junior college" for "At any military college" in second sentence. 1997 - Subsec. (g). Pub. L. 105-85 inserted "the" after "August 1, 1979, as a member of". 1996 - Subsec. (a)(1). Pub. L. 104-201, Sec. 555(a), substituted "27 years of age" for "25 years of age" and "30 years of age" for "29 years of age". Subsec. (g). Pub. L. 104-201, Sec. 507(a)(3), inserted ", other than enlisted service performed after August 1, 1979, as a member of Selected Reserve" before period at end. 1991 - Pub. L. 102-190, Sec. 522(b)(1), substituted "Army Reserve and Army National Guard" for "military junior colleges" in section catchline.

Subsec. (a)(1). Pub. L. 102-190, Sec. 522(a)(1), substituted "enrolled in the Advanced Course of the Army Reserve Officers' Training Corps at a military college, military junior college, or civilian institution" for "a student at a military junior college" and inserted "Reserve or Army National Guard" after "second lieutenant in the Army". Subsec. (a)(2). Pub. L. 102-190, Sec. 522(a)(2), inserted "military college or" after "To be considered a", substituted "and meet" for "that does not confer baccalaureate degrees and that meets", and inserted at end "For purposes of this section, a military junior college does not confer a baccalaureate degree." Subsec. (b)(6). Pub. L. 102-190, Sec. 522(a)(3), substituted "a troop program unit of the Army Reserve or Army National Guard" for "such reserve component". Subsec. (f). Pub. L. 102-190, Sec. 522(a)(4), inserted "or who does not complete a baccalaureate degree within five years after appointment as a cadet under this section," after "when offered,". Subsec. (h). Pub. L. 102-190, Sec. 522(a)(5), struck out par. (1) designation, substituted "not more than 208 cadets each year under this section, to include not less than 10 cadets" for "not less than 10 cadets under this section each year", and struck out par. (2) which read as follows: "If the level of participation in the program at any military junior college meets criteria for such participation established by the Secretary of the Army by regulation, the Secretary shall appoint additional cadets under this section from among members of the program at such military junior college who are eligible under subsection (b) for such an appointment."

EFFECTIVE DATE OF 2003 AMENDMENT

Amendment by section 521(b) of Pub. L. 108-136 applicable to payment of expenses of cadets and midshipmen of Senior Reserve Officers' Training Corps Program that are due after Nov. 24, 2003, see section 521(c) of Pub. L. 108-136, set out as a note under section 2107 of this title.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title V, Sec. 536(b), Dec. 28, 2001, 115 Stat. 1107, provided that: "The authority of the Secretary of Defense under paragraph (3) of section 2107a(b) of title 10, United States Code, as added by subsection (a), may be exercised with regard to any agreement described in paragraph (1)(F) of such section (including agreements related to participation in the Advanced Course of the Army Reserve Officers' Training Corps at a military college or civilian institution) that was entered into during the period beginning on January 1, 1991, and ending on July 12, 2000 (in addition to any agreement described in that paragraph that is entered into on or after the date of the enactment of this Act [Dec. 28, 2001])." EFFECTIVE DATE Section 1(e) of Pub. L. 96-357 provided that: "The amendments made by this section [enacting this section and amending sections 2107 and 2108 of this title] shall take effect on October 1, 1980." BENEFITS NOT TO ACCRUE FOR PERIODS PRIOR TO SEPTEMBER 23, 1996 No increase in pay or retired or retainer pay to accrue for periods before Sept. 23, 1996, by reason of amendments made by section 507 of Pub. L. 104-201, see section 507(c) of Pub. L. 104-201, set out as a note under section 2106 of this title.

Section Referred To In Other Sections

This section is referred to in sections 2005, 2108, 2111b of this title.

Other documents:
40 CFR 94.516 Appeal of hearing decision. | 21 cfr 556.115 cephapirin. | 49 CFR 19.17 Certifications and representations. | Informacion publica de la aprobacion inicial del Estudio de Detalle en el Area de Actuacion numero 27. | bauer, christine v. astrue, michael (7th cir. 2008) | Morgan v. Virginia, 328 U.S. 373 (1946) | ANUNCIO de 23 de noviembre de 1994, por el que se convoca pública licitación para la contratación de las obras, por el procedimiento de su... | Security Insurance Group Et Al v Slusher. 144 Ga App 2 240 S.E.2d 272 1977 | RESOLUCION 319/1996, de 25 de junio, del Director General de Economía, por la que se dispone la contratac... | Resolución de 3 de agosto de 2005, de la Dirección General de Industria, Energía y Minas, sobre autori... | Case of Tribunal Superior de Justicia Comunidad Valenciana Sala de lo Social nº 1650/2006 of May 16 2006