C. PARTIAL STATEMENT OF EXISTING UNITED STATES LAWS
DD FORM 4/1 (PAGE 2), OCT 2007
9. FOR ALL ENLISTEES OR REENLISTEES:
I understand that many laws, regulations, and military customs
will govern my conduct and require me to do things under this
agreement that a civilian does not have to do. I also understand
that various laws, some of which are listed in this agreement,
directly affect this enlistment/reenlistment agreement. Some
examples of how existing laws may affect this agreement are
explained in paragraphs 10 and 11. I understand that I cannot
change these laws but that Congress may change these laws, or
pass new laws, at any time that may affect this agreement, and that
I will be subject to those laws and any changes they make to this
agreement. I further understand that:
a. My enlistment/reenlistment agreement is more than an
employment agreement. It effects a change in status from civilian to
military member of the Armed Forces. As a member of the Armed
Forces of the United States, I will be:
(1) Required to obey all lawful orders and perform all assigned
duties.
(2) Subject to separation during or at the end of my enlistment.
If my behavior fails to meet acceptable military standards, I may be
discharged and given a certificate for less than honorable service,
which may hurt my future job opportunities and my claim for
veteran's benefits.
(3) Subject to the military justice system, which means, among
other things, that I may be tried by military courts-martial.
(4) Required upon order to serve in combat or other hazardous
situations.
(5) Entitled to receive pay, allowances, and other benefits as
provided by law and regulation.
b. Laws and regulations that govern military personnel may
change without notice to me. Such changes may affect my status,
pay, allowances, benefits, and responsibilities as a member of the
Armed Forces REGARDLESS of the provisions of this enlistment/
reenlistment document.
10. MILITARY SERVICE OBLIGATION, SERVICE ON ACTIVE
DUTY AND STOP-LOSS FOR ALL MEMBERS OF THE ACTIVE
AND RESERVE COMPONENTS, INCLUDING THE NATIONAL
GUARD.
a. FOR ALL ENLISTEES: If this is my initial enlistment, I must
serve a total of eight (8) years, unless I am sooner discharged or
otherwise extended by the appropriate authority. This eight year
service requirement is called the Military Service Obligation. Any
part of that service not served on active duty must be served in the
Reserve Component of the service in which I have enlisted. If this is
a reenlistment, I must serve the number of years specified in this
agreement, unless I am sooner discharged or otherwise extended
by the appropriate authority. Some laws that affect when I may be
ordered to serve on active duty, the length of my service on active
duty, and the length of my service in the Reserve Component, even
beyond the eight years of my Military Service Obligation, are
discussed in the following paragraphs.
b. I understand that I can be ordered to active duty at any time
while I am a member of the DEP. In a time of war, my enlistment
may be extended without my consent for the duration of the war and
for six months after its end (10 U.S.C. 506, 12103(c)).
c. As a member of a Reserve Component of an Armed Force, in
time of war or of national emergency declared by the Congress, I
may, without my consent, be ordered to serve on active duty, for the
entire period of the war or emergency and for six (6) months after its
end (10 U.S.C. 12301(a)). My enlistment may be extended during
this period without my consent (10 U.S.C. 12103(c)).
d. As a member of the Ready Reserve (to include Delayed
Entry Program), in time of national emergency declared by the
President, I may, without my consent, be ordered to serve on
active duty, and my military service may be extended without
my consent, for not more than 24 consecutive months (10
U.S.C. 12302). My enlistment may be extended during this
period without my consent (see paragraph 10g).
e. As a member of the Ready Reserve, I may, at any time
and without my consent, be ordered to active duty to complete
a total of 24 months of active duty, and my enlistment may be
extended so I can complete the total of 24 months of active
duty, if:
(1) I am not assigned to, or participating unsatisfactorily in,
a unit of the Ready Reserve; and
(2) I have not met my Reserve obligation; and
(3) I have not served on active duty for a total of 24
months (10 U.S.C. 12303).
f. As a member of the Selected Reserve or as a member
of the Individual Ready Reserve mobilization category, when
the President determines that it is necessary to augment the
active forces for any operational mission or for certain
emergencies, I may, without my consent, be ordered to active
duty for not more than 365 days (10 U.S.C. 12304). My
enlistment may be extended during this period without my
consent (see paragraph 10g).
g. During any period members of a Reserve component
are serving on active duty pursuant to an order to active duty
under authority of 10 U.S.C. 12301, 12302, or 12304, the
President may suspend any provision of law relating to my
promotion, retirement, or separation from the Armed Forces if
he or his designee determines I am essential to the national
security of the United States. Such an action may result in an
extension, without my consent, of the length of service
specified in this agreement. Such an extension is often called
a "stop-loss" extension (10 U.S.C. 12305).
h. I may, without my consent, be ordered to perform
additional active duty training for not more than 45 days if I
have not fulfilled my military service obligation and fail in any
year to perform the required training duty satisfactorily. If the
failure occurs during the last year of my required membership
in the Ready Reserves, my enlistment may be extended until I
perform that additional duty, but not for more than six months
(10 U.S.C. 10148).
11. FOR ENLISTEES/REENLISTEES IN THE NAVY,
MARINE CORPS, OR COAST GUARD: I understand that if I
am serving on a naval vessel in foreign waters, and my
enlistment expires, I will be returned to the United States for
discharge as soon as possible consistent with my desires.
However, if essential to the public interest, I understand that I
may be retained on active duty until the vessel returns to the
United States. If I am retained under these circumstances, I
understand I will be discharged not later than 30 days after my
return to the United States; and, that except in time of war, I
will be entitled to an increase in basic pay of 25 percent from
the date my enlistment expires to the date of my discharge.
12. FOR ALL MALE APPLICANTS: Completion of this form
constitutes registration with the Selective Service System in
accordance with the Military Selective Service Act. Incident
thereto the Department of Defense may transmit my name,
permanent address, military address, Social Security Number,
and birthdate to the Selective Service System for recording as
evidence of the registration.
(Initials of Enlistee/Reenlistee)
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