§ 8902. Appointment and enlistment in reserve components

273 words·~1 min read·/usc/title-10/section-8902

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In the discretion of the Secretary of the Navy, any member of the Naval Militia may be appointed or enlisted in the Navy Reserve or the Marine Corps Reserve in the grade for which he is qualified.

(Aug. 10, 1956, ch. 1041, 70A Stat. 486, § 7852; Pub. L. 109–163, div. A, title V, § 515(b)(1)(W), Jan. 6, 2006, 119 Stat. 3233; renumbered § 8902, Pub. L. 115–232, div. A, title VIII, § 807(d)(11), Aug. 13, 2018, 132 Stat. 1837.)

This section is written to indicate that the Secretary of the Navy has discretion in authorizing the appointment or enlistment in the Naval Reserve of members of the Naval Militia but does not make such appointments or enlistments. Section 593 of this title, based on 50 U.S.C. 942, 943, provides the manner in which all reserve appointments are made, and § 510 of this title, based on 50 U.S.C. 941, 952, 956 provides the authority to enlist persons in the reserve components. As worded, this section removes the conflicting statement of appointing authority, and allows appointments and enlistments to be controlled by these other provisions.

The words “rank” and “or rating” are omitted as covered by the word “grade”.

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