§520. Limitation on enlistment and induction of persons whose score on the Armed Forces Qualification Test is below a prescribed level

(a) The number of persons originally enlisted or inducted to serve on active duty (other than active duty for training) in any armed force during any fiscal year whose score on the Armed Forces Qualification Test is at or above the tenth percentile and below the thirty-first percentile may not exceed 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 during such fiscal year.

(b) A person who is not a high school graduate may not be accepted for enlistment in the armed forces unless the score of that person on the Armed Forces Qualification Test is at or above the thirty-first percentile; 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.

(Added Pub. L. 96–342, title III, §302(b)(1), Sept. 8, 1980, 94 Stat. 1082 ; amended Pub. L. 96–579, §9, Dec. 23, 1980, 94 Stat. 3368 ; Pub. L. 97–86, title IV, §402(b)(1), Dec. 1, 1981, 95 Stat. 1104 ; Pub. L. 98–94, title XII, §1268(3), Sept. 24, 1983, 97 Stat. 705 ; Pub. L. 100–370, §1(a)(1), July 19, 1988, 102 Stat. 840 .)

Historical and Revision Notes

1988 Act

Amendment 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 .

Amendments

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.

Effective Date of 1981 Amendment

Section 402(b)(2) of Pub. L. 97–86 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]."

Maximum Number of Army Enlistees and Inductees Who Are Not High School Graduates

Section 302(a) of Pub. L. 96–342, 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 (with no prior military service) enlisted or inducted into the Army during the fiscal year beginning on October 1, 1985, who are not high school graduates may not exceed, as of September 30, 1986, 35 percent of all male individuals (with no prior military service) enlisted or inducted into the Army during such fiscal year."

[Section 402 of Pub. L. 99–145 provided that amendment of this note by Pub. L. 99–145 is effective Oct. 1, 1985.]

[Section 402 of Pub. L. 98–525 provided that amendment of this note by Pub. L. 98–525 is effective Oct. 1, 1984.]

[Section 402 of Pub. L. 98–94 provided that amendment of this note by Pub. L. 98–94 is effective Oct. 1, 1983.]

[Section 403 of Pub. L. 97–252 provided that amendment of this note by Pub. L. 97–252 is effective Oct. 1, 1982.]

Denial of Enlistment for Lack of High School Diploma Prohibited

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 , 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 .

Section Referred to in Other Sections

This section is referred to in section 3262 of this title.