USC Chapter 713

10 U.S.C. § 7131 Definition

In this chapter, the term “enlistment” means original enlistment or reenlistment.

10 U.S.C. § 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.

10 U.S.C. § 7142 Army: percentage of high-school graduates

Notwithstanding section 520(b) of this title, of the males with no prior military service who are enlisted or inducted into the Army during any fiscal year, the number who are not high-school graduates may not exceed, as of the end of the fiscal year, 35 percent of all such persons.