United States Code
USC most recently checked for updates: Sep 22, 2023
Detail as students at law schools; commissioned officers; certain enlisted members
The Secretary of each military department may, under regulations prescribed by the Secretary of Defense, detail commissioned officers and enlisted members of the armed forces as students at accredited law schools, located in the United States, for a period of training leading to the degree of juris doctor. No more than twenty-five officers and enlisted members from each military department may commence such training in any single fiscal year.
To be eligible for detail under subsection (a), an officer or enlisted member must be a citizen of the United States and must—
have served on active duty for a period of not less than two years nor more than six years and be an officer in the pay grade O–3 or below as of the time the training is to begin; or
have served on active duty for a period of not less than four years nor more than eight years and be an enlisted member in the pay grade E–5, E–6, or E–7 as of the time the training is to begin;
in the case of an enlisted member, meet all requirements for acceptance of a commission as a commissioned officer in the armed forces; and
sign an agreement that unless sooner separated he will—
complete the educational course of legal training;
accept transfer or detail as a judge advocate within the department concerned when his legal training is completed; and
agree to serve on active duty following completion or other termination of training for a period of two years for each year or part thereof of his legal training under subsection (a).
Officers and enlisted members detailed for legal training under subsection (a) shall be selected on a competitive basis by the Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense. Any service obligation incurred by an officer or enlisted member under an agreement entered into under subsection (b) shall be in addition to any service obligation incurred by any such officer or enlisted member under any other provision of law or agreement.
Expenses incident to the detail of officers and enlisted members under this section shall be paid from any funds appropriated for the military department concerned.
An officer or enlisted member who, under regulations prescribed by the Secretary of Defense, is dropped from the program of legal training authorized by subsection (a) for deficiency in conduct or studies, or for other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by regulations issued by the Secretary of Defense, except that in no case shall any such member be required to serve on active duty for any period in excess of one year for each year or part thereof he participated in the program.
No agreement detailing any officer or enlisted member of the armed forces to an accredited law school may be entered into during any period that the President is authorized by law to induct persons into the armed forces involuntarily. Nothing in this subsection shall affect any agreement entered into during any period when the President is not authorized by law to so induct persons into the armed forces.
(Added Pub. L. 93–155, title VIII, § 817(a),
Nov. 16, 1973, 87 Stat. 621; amended Pub. L. 101–510, div. A, title XIV, § 1484(i)(3)(A), Nov. 5, 1990, 104 Stat. 1718; Pub. L. 116–92, div. A, title V, § 551(a), (b)(1), Dec. 20, 2019, 133 Stat. 1385, 1386; Pub. L. 116–283, div. A, title X, § 1081(a)(34), Jan. 1, 2021, 134 Stat. 3872.)
cite as: 10 USC 2004