10 U.S.C. § 520
1So in original.
10 U.S.C. § 520
HISTORICAL AND REVISION NOTES
1988 ACTAmendment of subsection (b) is based on Pub. L. 93-307, title IV, §401, June 8, 1974, 88 Stat. 234, as amended by Pub. L. 93-365, title VII, §705, Aug. 5, 1974, 88 Stat. 406.
EDITORIAL NOTES
AMENDMENTS2023-Subsec. (a). Pub. L. 118-31 designated existing provisions as par. (1), substituted "may not exceed 4 percent" for "may not exceed 20 percent", and added par. (2). 1988-Subsec. (b). Pub. L. 100-370 inserted before period at end ";however, a person may not be denied enlistment in the armed forces solely because of his not having a high school diploma if his enlistment is needed to meet established strength requirements". 1983-Subsec. (a). Pub. L. 98-94 struck out provisions under which, for fiscal years beginning on October 1, 1980, and October 1, 1981, the total number of persons originally enlisted or inducted to serve on active duty (other than active duty for training) in the armed forces during such fiscal years whose score on the Armed Forces Qualification Test was at or above the tenth percentile and below the thirty-first percentile could not exceed 25 percent of the number of such persons enlisted or inducted into the armed forces during such fiscal years, and, in the provisions remaining applicable to fiscal years beginning after Sept. 30, 1982, substituted "20 percent of the total number of persons originally enlisted or inducted to serve on active duty (other than active duty for training) in such armed force" for "20 percent of the number of such persons enlisted or inducted into such armed force".1981-Pub. L. 97-86 designated existing provisions as subsec. (a) and added subsec. (b). 1980-Pub. L. 96-579 struck out subsec. (a) designation and subsec. (b) authorizing the Secretary of Defense for national security reasons to waive the enlistment and induction limitation based on percentile limits conditioned upon notification of the Congress and a concurrent resolution of approval.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97-86, title IV, §402(b)(2), Dec. 1, 1981, 95 Stat. 1105, provided that: "The amendments made by paragraph (1) [amending this section] shall take effect at the end of the 30-day period beginning on the date of the enactment of this Act [Dec. 1, 1981]."
FUTURE SERVICEMEMBER PREPARATORY COURSE Pub. L. 118-31, div. A, title V, §546, Dec. 22, 2023, 137 Stat. 266, provided that: "(a) REQUIREMENT.-If the number of nonprior service enlisted personnel covered under section 520 of title 10, United States Code, exceeds 10 percent of the total number of persons originally enlisted in an Armed Force during a fiscal year, the Secretary concerned shall establish a future servicemember preparatory course within the Armed Force concerned."(b) PURPOSE.-The course established under subsection (a) shall be designed to improve the physical and aptitude qualifications of military recruits."(c) CRITERIA.-Each course established under this section shall comply with the following requirements:"(1) ENROLLMENT.-All nonprior service enlisted persons whose score on the Armed Forces Qualification Test is below the thirty-first percentile must be enrolled in the course prior to attending initial basic training."(2) GRADUATION REQUIREMENT.-Prior to attending initial basic training, all enlisted persons attending the course established under this section must achieve a score on the Armed Forces Qualification Test that is at least 10 points higher than the individual's most recent score taken prior to the individual's date of enlistment. "(3) EFFECT OF COURSE FAILURE.-Any enlisted person who fails to achieve course graduation requirements within 180 days of enlistment shall be separated under regulations prescribed by the Secretary concerned. "(d) REPORT.-If a preparatory course under this section is established by the Secretary concerned, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the structure and results of the course for the preceding fiscal year by December 1st of the subsequent fiscal year. The report shall include the following elements:"(1) The number of individuals who attended the preparatory course."(2) The number of individuals who graduated the preparatory course."(3) The average improvement in the Armed Forces Qualification Test score for individuals who graduated from the prepatory course."(4) Any other matter the Secretary determines relevant."(e) SUNSET.-The requirements of this section shall expire on September 30th, 2028."
PILOT PROGRAM FOR TREATING GED AND HOME SCHOOL DIPLOMA RECIPIENTS AS HIGH SCHOOL GRADUATES FOR DETERMINATIONS OF ELIGIBILITY FOR ENLISTMENT IN ARMED FORCES Pub. L. 105-261, div. A, title V, §571, Oct. 17, 1998, 112 Stat. 2033, as amended by Pub. L. 106-65, div. A, title X, §1067(3), Oct. 5, 1999, 113 Stat. 774, directed the Secretary of Defense to establish a pilot program during the period Oct. 1, 1998, to Sept. 30, 2003, to assess whether the Armed Forces could better meet recruiting requirements by treating GED recipients and home school diploma recipients as having graduated from high school with a high school diploma for the purpose of determining eligibility of those persons to enlist in the Armed Forces, and to submit to committees of Congress a report on the program not later than Feb. 1, 2004.
MAXIMUM NUMBER OF ARMY ENLISTEES AND INDUCTEES WHO ARE NOT HIGH SCHOOL GRADUATESPub. L. 96-342, title III, §302(a), Sept. 8, 1980, 94 Stat. 1082, as amended by Pub. L. 97-86, title IV, §402(a), Dec. 1, 1981, 95 Stat. 1104; Pub. L. 97-252, title IV, §403, Sept. 8, 1982, 96 Stat. 725; Pub. L. 98-94, title IV, §402, Sept. 24, 1983, 97 Stat. 629; Pub. L. 98-525, title IV, §402, Oct. 19, 1984, 98 Stat. 2516; Pub. L. 99-145, title IV, §402, Nov. 8, 1985, 99 Stat. 618, provided that the number of male individuals enlisted or inducted into the Army during the fiscal year beginning on Oct. 1, 1985, who were not high school graduates could not exceed, as of Sept. 30, 1986, 35 percent of all male individuals enlisted or inducted into the Army during such fiscal year.
DENIAL OF ENLISTMENT FOR LACK OF HIGH SCHOOL DIPLOMA PROHIBITEDPub. L. 93-307, title IV, §401, June 8, 1974, 88 Stat. 234, as amended by Pub. L. 93-365, title VII, §705, Aug. 5, 1974, 88 Stat. 406, which provided that no volunteer for enlistment into the Armed Forces shall be denied enlistment solely because of his not having a high school diploma when his enlistment is needed to meet established strength requirements, was repealed and restated in sections 520(b) and 3262 of this title by Pub. L. 100-370, §1(a), July 19, 1988, 102 Stat. 840.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.