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10 U.S.C. § 1001 (ARMED FORCES)
§ 1001. Reference to chapter 1219
Provisions of law relating to standards and procedures for retention and promotion of members of reserve components are set forth in chapter 1219 of this title (beginning with section 12641).
(Added Pub. L. 103–337, div. A, title XVI, § 1662(h)(5), Oct. 5, 1994, 108 Stat. 2997.)
heading: Prior Provisions
text: Prior sections 1001 and 1002 were renumbered sections 12641 and 12642 of this title, respectively.
A prior section 1003, act Aug. 10, 1956, ch. 1041, 70A Stat. 79, related to age limitations for reserve officers, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1662(h)(3), 1691, Oct. 5, 1994, 108 Stat. 2996, 3026, eff. Dec. 1, 1994.
Prior sections 1004 to 1007 were renumbered sections 12644 to 12647 of this title, respectively.
heading: Effective Date
text: Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 1031 (ARMED FORCES)
§ 1031. Administration of oath
The President, the Vice-President, the Secretary of Defense, any commissioned officer, and any other person designated under regulations prescribed by the Secretary of Defense may administer any oath—
(1) required for the enlistment or appointment of any person in the armed forces; or
(2) required by law in connection with such an enlistment or appointment.
(Aug. 10, 1956, ch. 1041, 70A Stat. 80; Pub. L. 109–364, div. A, title V, § 595(b), Oct. 17, 2006, 120 Stat. 2235.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1031
10:19.
34:217a–2.
May 22, 1950, ch. 193, § 1, 64 Stat. 187.
The words “(including the reserve component)” are omitted, since the words “any component of an armed force” include the reserve components. The words “any oath required for the enlistment or appointment of any person” are substituted for the words “the oath required for the enlistment of any person, the oath required for the appointment of any person to commissioned or warrant officer grade, and any other oath required by law in connection with the enlistment or appointment of any person”.
heading: Amendments
text: 2006—Pub. L. 109–364 substituted “The President, the Vice-President, the Secretary of Defense, any commissioned officer, and any other person designated under regulations prescribed by the Secretary of Defense may administer any oath” for “Any commissioned officer of any component of an armed force, whether or not on active duty, may administer any oath” in introductory provisions.
10 U.S.C. § 1038 (ARMED FORCES)
§ 1038. Service credit: certain service in Women’s Army Auxiliary Corps
In computing years of active service of any female member of the armed forces, there shall be credited for all purposes, except the right to promotion, in addition to any other service that may be credited, all active service performed in the Women’s Army Auxiliary Corps after May 13, 1942, and before September 30, 1943, if that member performed active service in the armed forces after September 29, 1943. Service as an officer in the Women’s Army Auxiliary Corps shall be credited as active service in the status of a commissioned officer, and service as an enrolled member of the Corps shall be credited as active service in the status of an enlisted member.
(Added Pub. L. 86–142, § 1(1), Aug. 7, 1959, 73 Stat. 289.)
heading: Election of Pension or Compensation
text: Pub. L. 86–142, § 2, Aug. 7, 1959, 73 Stat. 289, provided that a person entitled to a pension or compensation under any law administered by the Veterans’ Administration, based on the active service described in section 1 of Pub. L. 86–142, which added section 1038 to Title 10, Armed Forces, could elect within 1 year after Aug. 7, 1959 to receive that pension or compensation in lieu of any compensation under the Federal Employees’ Compensation Act; that such an election is irrevocable; and that the election does not entitle that person to the pension or compensation for any period before the date of election.
heading: Back Pay or Allowances
text: Pub. L. 86–142, § 3, Aug. 7, 1959, 73 Stat. 289, provided that: “No person is entitled to back pay or allowances because of any service credited under section 1 of this Act [enacting this section].”
10 U.S.C. § 1039 (ARMED FORCES)
§ 1039. Crediting of minority service
For the purpose of determining eligibility for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, entitlement to retired or retainer pay, and years of service in computing retired or retainer pay of a member of the armed forces, any service which would be creditable but for the fact that it was performed by him under an enlistment or induction entered into before he attained the age prescribed by law for that enlistment or induction, shall be credited.
(Added Pub. L. 87–165, § 1(1), Aug. 25, 1961, 75 Stat. 401.)
heading: Effective Date
text: Pub. L. 87–165, § 2, Aug. 25, 1961, 75 Stat. 401, provided that: “Section 1 [enacting this section] applies to service performed, and retirements or transfers to the Fleet Reserve or the Fleet Marine Corps Reserve effected, before and after this Act takes effect [Aug. 25, 1961].”
10 U.S.C. § 1041 (ARMED FORCES)
§ 1041. Replacement of certificate of discharge
If satisfactory proof is presented that a person who was discharged honorably or under honorable conditions has lost his certificate of discharge from an armed force or that it was destroyed without his procurement or connivance, the Secretary concerned may give that person, or his surviving spouse, a certificate of that discharge, indelibly marked to show that it is a certificate in place of the lost or destroyed certificate. A certificate given under this section may not be accepted as a voucher for the payment of a claim against the United States for pay, bounty, or other allowance, or as evidence in any other case.
(Added Pub. L. 90–235, § 7(a)(2)(A), Jan. 2, 1968, 81 Stat. 762, § 1040; renumbered § 1041, Pub. L. 96–513, title V, § 511(33)(A), Dec. 12, 1980, 94 Stat. 2922.)
10 U.S.C. § 1042 (ARMED FORCES)
§ 1042. Copy of certificate of service
A fee for a copy of a certificate showing service in the armed forces may not be charged to—
(1) a person discharged or released from the armed forces honorably or under honorable conditions;
(2) the next of kin of the person; or
(3) a legal representative of the person.
(Added Pub. L. 97–258, § 2(b)(2)(B), Sept. 13, 1982, 96 Stat. 1052.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1042
31:483b.
June 19, 1956, ch. 409, 70 Stat. 297.
The words “armed forces” are substituted for “Army, Navy, Air Force, Marine Corps, or Coast Guard” because of 10:101(4). The words “honorably or” are added for consistency with 10:1040.
10 U.S.C. § 1043 (ARMED FORCES)
§ 1043. Service credit: service in the National Oceanic and Atmospheric Administration or the Public Health Service
Active commissioned service in the National Oceanic and Atmospheric Administration or the Public Health Service shall be credited as active commissioned service in the armed forces for purposes of determining the retirement eligibility and computing the retired pay of a member of the armed forces.
(Added Pub. L. 98–94, title X, § 1007(b)(1), Sept. 24, 1983, 97 Stat. 662.)
10 U.S.C. § 1044b (ARMED FORCES)
§ 1044b. Military powers of attorney: requirement for recognition by States
(a) Instruments To Be Given Legal Effect Without Regard to State Law.—
A military power of attorney—
(1) is exempt from any requirement of form, substance, formality, or recording that is provided for powers of attorney under the laws of a State; and
(2) shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the State concerned.
(b) Military Power of Attorney.—
For purposes of this section, a military power of attorney is any general or special power of attorney that is notarized in accordance with section 1044a of this title or other applicable State or Federal law.
(c) Statement To Be Included.—
(1) Under regulations prescribed by the Secretary concerned, each military power of attorney shall contain a statement that sets forth the provisions of subsection (a).
(2) Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to a military power of attorney that does not include a statement described in that paragraph.
(d) State Defined.—
In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.
(Added Pub. L. 103–160, div. A, title V, § 574(a), Nov. 30, 1993, 107 Stat. 1674.)
10 U.S.C. § 1044c (ARMED FORCES)
§ 1044c. Advance medical directives of members and dependents: requirement for recognition by States
(a) Instruments To Be Given Legal Effect Without Regard to State Law.—
An advance medical directive executed by a person eligible for legal assistance—
(1) is exempt from any requirement of form, substance, formality, or recording that is provided for advance medical directives under the laws of a State; and
(2) shall be given the same legal effect as an advance medical directive prepared and executed in accordance with the laws of the State concerned.
(b) Advance Medical Directives.—
For purposes of this section, an advance medical directive is any written declaration that—
(1) sets forth directions regarding the provision, withdrawal, or withholding of life-prolonging procedures, including hydration and sustenance, for the declarant whenever the declarant has a terminal physical condition or is in a persistent vegetative state; or
(2) authorizes another person to make health care decisions for the declarant, under circumstances stated in the declaration, whenever the declarant is incapable of making informed health care decisions.
(c) Statement To Be Included.—
(1) Under regulations prescribed by the Secretary concerned, an advance medical directive prepared by an attorney authorized to provide legal assistance shall contain a statement that sets forth the provisions of subsection (a).
(2) Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to an advance medical directive that does not include a statement described in that paragraph.
(d) States Not Recognizing Advance Medical Directives.—
Subsection (a) does not make an advance medical directive enforceable in a State that does not otherwise recognize and enforce advance medical directives under the laws of the State.
(e) Definitions.—
In this section:
(1) The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.
(2) The term “person eligible for legal assistance” means a person who is eligible for legal assistance under section 1044 of this title.
(3) The term “legal assistance” means legal services authorized under section 1044 of this title.
(Added Pub. L. 104–106, div. A, title VII, § 749(a)(1), Feb. 10, 1996, 110 Stat. 388.)
heading: Effective Date of 1996 Amendment
text: Pub. L. 104–106, div. A, title VII, § 749(b), Feb. 10, 1996, 110 Stat. 389, provided that: “Section 1044c of title 10, United States Code, shall take effect on the date of the enactment of this Act [Feb. 10, 1996] and shall apply to advance medical directives referred to in that section that are executed before, on, or after that date.”
10 U.S.C. § 1045 (ARMED FORCES)
§ 1045. Voluntary withholding of State income tax from retired or retainer pay
(a) The Secretary concerned shall enter into an agreement under this section with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Secretary concerned shall withhold State income tax from the monthly retired or retainer pay of any member or former member entitled to such pay who voluntarily requests such withholding in writing. The amounts withheld during any calendar month shall be retained by the Secretary concerned and disbursed to the States during the following calendar month.
(b) A member or former member may request that the State designated for withholding be changed and that the withholdings be remitted in accordance with such change. A member or former member also may revoke any request of such member or former member for withholding. Any request for a change in the State designated and any revocation is effective on the first day of the month after the month in which the request or revocation is processed by the Secretary concerned, but in no event later than on the first day of the second month beginning after the day on which the request or revocation is received by the Secretary concerned.
(c) A member or former member may have in effect at any time only one request for withholding under this section and may not have more than two such requests in effect during any one calendar year.
(d)
(1) This section does not give the consent of the United States to the application of a statute that imposes more burdensome requirements on the United States than on employers generally or that subjects the United States or any member or former member entitled to retired or retainer pay to a penalty or liability because of this section.
(2) The Secretary concerned may not accept pay from a State for services performed in withholding State income taxes from retired or retainer pay.
(3) Any amount erroneously withheld from retired or retainer pay and paid to a State by the Secretary concerned shall be repaid by the State in accordance with regulations prescribed by the Secretary concerned.
(e) In this section:
(1) The term “State” means any State, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
(2) The term “Secretary concerned” includes the Secretary of Health and Human Services with respect to the commissioned corps of the Public Health Service and the Secretary of Commerce with respect to the commissioned corps of the National Oceanic and Atmospheric Administration.
(Added Pub. L. 98–525, title VI, § 654(a), Oct. 19, 1984, 98 Stat. 2551; amended Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 109–163, div. A, title VI, § 661, Jan. 6, 2006, 119 Stat. 3314.)
heading: Amendments
text: 2006—Subsec. (a). Pub. L. 109–163, in third sentence, substituted “any calendar month” for “any calendar quarter” and “during the following calendar month” for “during the month following that calendar quarter”.
1987—Subsec. (e)(1), (2). Pub. L. 100–26 inserted “The term” after each par. designation.
10 U.S.C. § 1046 (ARMED FORCES)
§ 1046. Overseas temporary foster care program
(a) Program Authorized.—
The Secretary concerned may establish a program to provide temporary foster care services outside the United States for children accompanying members of the armed forces on duty at stations outside the United States. The foster care services provided under such a program shall be similar to those services provided by State and local governments in the United States.
(b) Expenses.—
Under regulations prescribed by the Secretary concerned, the expenses related to providing foster care services under subsection (a) may be paid from appropriated funds available to the Secretary.
(Added Pub. L. 102–484, div. A, title VI, § 651(a), Oct. 23, 1992, 106 Stat. 2425.)
heading: Prior Provisions
text: A prior section 1046, added Pub. L. 98–525, title VII, § 708(a)(1), Oct. 19, 1984, 98 Stat. 2572, related to preseparation counseling, prior to repeal by Pub. L. 101–510, div. A, title V, § 502(b)(1), Nov. 5, 1990, 104 Stat. 1557.
10 U.S.C. § 1050a (ARMED FORCES)
§ 1050a. African cooperation: payment of personnel expenses
The Secretary of Defense or the Secretary of a military department may pay the travel, subsistence, and special compensation of officers and students of African countries and other expenses that the Secretary considers necessary for African cooperation.
(Added Pub. L. 111–383, div. A, title XII, § 1204(a), Jan. 7, 2011, 124 Stat. 4386.)
10 U.S.C. § 1051b (ARMED FORCES)
§ 1051b. Bilateral or regional cooperation programs: awards and mementos to recognize superior noncombat achievements or performance
(a) General Authority.—
The Secretary of Defense may present awards and mementos purchased with funds appropriated for operation and maintenance of the armed forces to recognize superior noncombat achievements or performance by members of friendly foreign forces and other foreign nationals that significantly enhance or support the National Security Strategy of the United States.
(b) Activities That May Be Recognized.—
Activities that may be recognized under subsection (a) include superior achievement or performance that—
(1) plays a crucial role in shaping the international security environment in ways that protect and promote United States interests;
(2) supports or enhances United States overseas presence and peacetime engagement activities, including defense cooperation initiatives, security assistance training and programs, and training and exercises with the armed forces;
(3) helps to deter aggression and coercion, build coalitions, and promote regional stability; or
(4) serves as a role model for appropriate conduct by military forces in emerging democracies.
(c) Limitation.—
Expenditures for the purchase or production of mementos for award under this section may not exceed the minimal value in effect under section 7342(a)(5) of title 5.
(Added Pub. L. 108–136, div. A, title XII, § 1222(a), Nov. 24, 2003, 117 Stat. 1652.)
10 U.S.C. § 1051c (ARMED FORCES)
§ 1051c. Multilateral, bilateral, or regional cooperation programs: assignments to improve education and training in information security
(a) Assignments Authorized; Purpose.—
The Secretary of Defense may authorize the temporary assignment of a member of the military forces of a foreign country to a Department of Defense organization for the purpose of assisting the member to obtain education and training to improve the member’s ability to understand and respond to information security threats, vulnerabilities of information security systems, and the consequences of information security incidents.
(b) Payment of Certain Expenses.—
To facilitate the assignment of a member of a foreign military force to a Department of Defense organization under subsection (a), the Secretary of Defense may pay such expenses in connection with the assignment as the Secretary considers in the national security interests of the United States.
(c) Protection of Department Cybersecurity.—
In authorizing the temporary assignment of members of foreign military forces to Department of Defense organizations under subsection (a), the Secretary of Defense shall require the inclusion of adequate safeguards to prevent any compromising of Department information security.
(d) Multi-year Availability of Funds.—
Funds available to carry out this section shall be available, to the extent provided in appropriations Acts, for programs and activities under this section that begin in a fiscal year and end in the following fiscal year.
(e) Information Security Defined.—
In this section, the term “information security” refers to—
(1) the confidentiality, integrity, or availability of an information system or the information such system processes, stores, or transmits; and
(2) the security policies, security procedures, or acceptable use policies with respect to an information system.
(Added Pub. L. 112–81, div. A, title IX, § 951(a)(1), Dec. 31, 2011, 125 Stat. 1548.)
10 U.S.C. § 1053a (ARMED FORCES)
§ 1053a. Expenses incurred in connection with leave canceled due to contingency operations: reimbursement
(a) Authorization To Reimburse.—
The Secretary concerned may reimburse a member of the armed forces under the jurisdiction of the Secretary for travel and related expenses (to the extent not otherwise reimbursable under law) incurred by the member as a result of the cancellation of previously approved leave when the leave is canceled in connection with the member’s participation in a contingency operation and the cancellation occurs within 48 hours of the time the leave would have commenced.
(b) Regulations.—
The Secretary of Defense shall prescribe regulations to establish the criteria for the applicability of subsection (a).
(c) Conclusiveness of Settlement.—
The settlement of an application for reimbursement under subsection (a) is final and conclusive.
(Added Pub. L. 106–398, § 1 [[div. A], title V, § 579(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–141.)
heading: Effective Date
text: Pub. L. 106–398, § 1 [[div. A], title V, § 579(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–141, provided that: “Section 1053a of title 10, United States Code, as added by subsection (a), shall apply with respect to any travel and related expenses incurred by a member in connection with leave canceled after the date of the enactment of this Act [Oct. 30, 2000].”
10 U.S.C. § 1056a (ARMED FORCES)
§ 1056a. Reintegration of recovered Department of Defense personnel; post-isolation support activities for other recovered personnel
(a) Reintegration and Support Authorized.—
The Secretary of Defense may carry out the following:
(1) Reintegration activities for recovered persons who are Department of Defense personnel.
(2) Post-isolation support activities for or on behalf of other recovered persons who are officers or employees of the United States Government, military or civilian officers or employees of an allied or coalition partner of the United States, or other United States or foreign nationals.
(b) Activities Authorized.—
(1) The activities authorized by subsection (a) for or on behalf of a recovered person may include the following:
(A) The provision of food, clothing, necessary medical support, and essential sundry items for the recovered person.
(B) In accordance with regulations prescribed by the Secretary of Defense, travel and transportation allowances for not more than three family members, or other designated individuals, determined by the commander or head of a military medical treatment facility to be beneficial for the reintegration of the recovered person and whose presence may contribute to improving the physical and mental health of the recovered person.
(C) Transportation or reimbursement for transportation in connection with the attendance of the recovered person at events or functions determined by the commander or head of a military medical treatment facility to contribute to the physical and mental health of the recovered person.
(2) Medical support may be provided under paragraph (1)(A) to a recovered person who is not a member of the armed forces for not more than 20 days.
(c) Definitions.—
In this section:
(1) The term “post-isolation support”, in the case of a recovered person, means—
(A) the debriefing of the recovered person following a separation as described in paragraph (2);
(B) activities to promote or support the physical and mental health of the recovered person following such a separation; and
(C) other activities to facilitate return of the recovered person to military or civilian life as expeditiously as possible following such a separation.
(2) The term “recovered person” means an individual who is returned alive from separation (whether as an individual or a group) while participating in or in association with a United States-sponsored military activity or mission in which the individual was detained in isolation or held in captivity by a hostile entity.
(3) The term “reintegration”, in the case of a recovered person, means—
(A) the debriefing of the recovered person following a separation as described in paragraph (2);
(B) activities to promote or support for the physical and mental health of the recovered person following such a separation; and
(C) other activities to facilitate return of the recovered person to military duty or employment with the Department of Defense as expeditiously as possible following such a separation.
(Added Pub. L. 112–81, div. A, title V, § 588(a), Dec. 31, 2011, 125 Stat. 1436.)