-CITE-

10 USC CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS

.

-HEAD-

CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS

-MISC1-

Sec.

12201. Reserve officers: qualifications for appointment.

12202. Commissioned officer grades.

12203. Commissioned officers: appointment, how made; term.

12204. Commissioned officers: original appointment; limitation.

12205. Commissioned officers: appointment; educational requirement.

12206. Commissioned officers: appointment of former commissioned

officers.

12207. Commissioned officers: service credit upon original

appointment.

12208. Officers: appointment upon transfer.

12209. Officer candidates: enlisted Reserves.

12210. Attending Physician to the Congress: reserve grade while so

serving.

12211. Officers: Army National Guard of the United States.

12212. Officers: Air National Guard of the United States.

12213. Officers; Army Reserve: transfer from Army National Guard of

the United States.

12214. Officers; Air Force Reserve: transfer from Air National

Guard of the United States.

12215. Commissioned officers: reserve grade of adjutants general

and assistant adjutants general.

AMENDMENTS

1996 - Pub. L. 104-106, div. A, title XV, Sec. 1501(b)(11)(B),

(13)(B), Feb. 10, 1996, 110 Stat. 496, substituted ''Reserve

officers: qualifications'' for ''Qualifications'' in item 12201 and

inserted ''the'' after ''National Guard of'' in items 12211, 12212,

12213, and 12214.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 591 of this title.

-CITE-

10 USC Sec. 12201 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS

-HEAD-

Sec. 12201. Reserve officers: qualifications for appointment

-STATUTE-

(a) To become an officer of a reserve component a person must be

appointed as a Reserve of an armed force in a grade corresponding

to a grade authorized for the regular component of the armed force

concerned and subscribe to the oath prescribed by section 3331 of

title 5. In addition, to become an officer of the Army National

Guard of the United States or the Air National Guard of the United

States, he must first be appointed to, and be federally recognized

in, the same grade in the Army National Guard or the Air National

Guard, as the case may be.

(b) Except as otherwise provided by law, the Secretary concerned

shall prescribe physical, mental, moral, professional, and age

qualifications for the appointment of persons as Reserves of the

armed forces under his jurisdiction. However, no person may be

appointed as a Reserve unless he is at least 18 years of age and -

(1) he is a citizen of the United States or has been lawfully

admitted to the United States for permanent residence under the

Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or

(2) he has previously served in the armed forces or in the

National Security Training Corps.

(c) A person who is otherwise qualified, but who has a physical

defect that the Secretary concerned determines will not interfere

with the performance of the duties to which that person may be

assigned, may be appointed as a Reserve of any armed force under

the jurisdiction of that Secretary.

(d) In prescribing age qualifications under subsection (b) for

the appointment of persons as Reserves of the armed forces under

his jurisdiction, the Secretary concerned may not prescribe a

maximum age qualification of less than 47 years of age for the

initial appointment of a person as a Reserve to serve in a health

profession specialty which has been designated by the Secretary

concerned as a specialty critically needed in wartime.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 24, Sec. 591; Pub. L. 85-861,

Sec. 1(10)(A), Sept. 2, 1958, 72 Stat. 1440; Pub. L. 88-236, Dec.

23, 1963, 77 Stat. 474; Pub. L. 89-718, Sec. 4, Nov. 2, 1966, 80

Stat. 1115; Pub. L. 90-130, Sec. 1(3), Nov. 8, 1967, 81 Stat. 374;

Pub. L. 96-513, title V Sec. 511(16), Dec. 12, 1980, 94 Stat. 2921;

Pub. L. 100-180, div. A, title VII, Sec. 718(a), Dec. 4, 1987, 101

Stat. 1115; renumbered Sec. 12201 and amended Pub. L. 103-337,

div. A, title XVI, Sec. 1631(b), 1662(c)(2), Oct. 5, 1994, 108

Stat. 2964, 2990; Pub. L. 104-106, div. A, title XV, Sec.

1501(a)(5)(B), (b)(11)(A), Feb. 10, 1996, 110 Stat. 495, 496.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

591(a) 591(b) 50:946. 50:941(a) July 9, 1952, ch.

591(c) 591(d) (less applicability 608, Sec. 217 (less

to enlistments). (c), and less

50:941(b) (less applicability to

applicability to enlistments), 222,

enlistments). 232 (less

50:956 (less applicability to

applicability to enlistments), 66

enlistments). Stat. 486, 487,

489.

-------------------------------

In subsection (a), 50:946(a) (last 12 words of proviso) is

omitted as covered by section 312 of title 32, 50:946(b) is omitted

as covered by the revised subsection.

In subsection (b), the word ''However'' is substituted for the

words ''Subject to the limitation that''. The exception as to

section 4(i)(7) of the Universal Military Training and Service Act

is inserted for clarity. The words ''as Reserves of the armed

forces under his jurisdiction'' are substituted for the words ''of

Reserve members of the Armed Forces of the United States''. The

words ''unless he is at least 18 years of age'' are substituted for

50:941(a) (last sentence). The words ''its Territories'' are

omitted as surplusage, since citizens of the Territories are

citizens of the United States.

In subsection (c), the words ''armed force concerned'' are

substituted for the words ''of the appropriate Armed Force of the

United States''. The words ''in the grades corresponding to the

grades authorized for female officers of the'' are substituted for

the words ''in the same grades * * * as are authorized for women in

the'', to conform to subsection (a). The words ''in which she

previously served satisfactorily'' are substituted for the words

''satisfactorily held by her''.

In subsection (d), the words ''under the jurisdiction of that

Secretary'' are inserted for clarity. The words ''general or

special'' are omitted as surplusage.

1958 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

591(c) 50:941(b). July 30, 1956, ch.

789, Sec. 4(a), 70

Stat. 729.

-------------------------------

The words ''Subject to section 946(a) of this title'' are

omitted, since that section is restated in subsection (a) of the

revised section and is applicable to all reserve appointments.

50:941(b) (last 2 sentences) is omitted as covered by sections 510

and 591 of this title.

-REFTEXT-

REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in subsec.

(b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,

which is classified principally to chapter 12 (Sec. 1101 et seq.)

of Title 8, Aliens and Nationality. For complete classification of

this Act to the Code, see Short Title note set out under section

1101 of Title 8 and Tables.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-106, Sec. 1501(b)(11), substituted ''Reserve

officers: qualifications for appointment'' for ''Reserve

components: qualifications'' as section catchline.

Subsecs. (c) to (e). Pub. L. 104-106, Sec. 1501(a)(5)(B), made

technical correction to directory language of Pub. L. 103-337, Sec.

1631(b). See 1994 Amendment note below.

1994 - Pub. L. 103-337, Sec. 1662(c)(2), renumbered section 591

of this title as this section.

Subsecs. (c) to (e). Pub. L. 103-337, Sec. 1631(b), as amended by

Pub. L. 104-106, Sec. 1501(a)(5)(B), redesignated subsecs. (d) and

(e) as (c) and (d), respectively, and struck out former subsec. (c)

which read as follows: ''Women may be appointed as Reserves of the

armed forces for service in the Army Reserve, Naval Reserve, Air

Force Reserve, Marine Corps Reserve, and Coast Guard Reserve. Women

who are otherwise qualified may be appointed as Reserves of the

armed forces with a view to serving in the Army National Guard of

the United States or the Air National Guard of the United States.

Women are appointed in grades corresponding to the grades

authorized for female officers of the regular component of the

armed force concerned. Any female former officer of an armed force

may, if otherwise qualified, be appointed as a Reserve of that

armed force in the highest grade in which she previously served

satisfactorily on active duty (other than for training).''

1987 - Subsec. (e). Pub. L. 100-180 added subsec. (e).

1980 - Subsec. (b). Pub. L. 96-513 substituted ''the Immigration

and Nationality Act (8 U.S.C. 1101 et seq.)'' for ''chapter 12 of

title 8'', and struck out reference to section 454(i)(7) of title

50, appendix.

1967 - Subsec. (c). Pub. L. 90-130 struck out provision limiting

areas of service of women in Army National Guard of the United

States and Air National Guard of the United States to service as

nurses or medical specialists.

1966 - Subsec. (a). Pub. L. 89-718 substituted ''3331'' for

''16''.

1963 - Subsec. (b) (1). Pub. L. 88-236 substituted ''he is a

citizen of the United States or has been lawfully admitted to the

United States for permanent residence under chapter 12 of title 8''

for ''he is, or has made a declaration of intention to become, a

citizen of the United States or of a possession thereof''.

1958 - Subsec. (c). Pub. L. 85-861 permitted appointment of women

as Reserves of armed forces with a view to serving as nurses or

medical specialists in Army National Guard of the United States or

Air National Guard of the United States.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 1631(b) of Pub. L. 103-337 effective Oct. 1,

1996, see section 1691(b)(1) of Pub. L. 103-337, set out as a note

under section 10001 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

BACCALAUREATE DEGREE REQUIRED FOR APPOINTMENT OR PROMOTION OF

RESERVE COMPONENT OFFICERS TO GRADES ABOVE FIRST LIEUTENANT OR

LIEUTENANT (JUNIOR GRADE)

Pub. L. 102-190, div. A, title V, Sec. 523, Dec. 5, 1991, 105

Stat. 1363, provided that after Sept. 30, 1995, no person could be

appointed to a grade above grade of first lieutenant in Army

Reserve, Air Force Reserve, or Marine Corps Reserve or to a grade

above grade of lieutenant (junior grade) in Naval Reserve, or be

federally recognized in a grade above grade of first lieutenant as

a member of Army National Guard or Air National Guard, unless that

person had been awarded a baccalaureate degree by an accredited

educational institution, prior to repeal by Pub. L. 103-35, title

II, Sec. 203(a), May 31, 1993, 107 Stat. 102. See section 12205 of

this title.

PRIORITY IN MAKING ORIGINAL APPOINTMENTS IN GUARD AND RESERVE

COMPONENTS FOR ROTC SCHOLARSHIP PROGRAM GRADUATES

Pub. L. 102-190, div. A, title V, Sec. 524, Dec. 5, 1991, 105

Stat. 1363, provided that: ''In making appointments of persons as

second lieutenants in the Army Reserve, Air Force Reserve, or

Marine Corps Reserve or to the grade of ensign in the Naval

Reserve, or in granting federal recognition in the grade of second

lieutenant to members of the Army National Guard or Air National

Guard, the Secretary of the military department concerned shall

give preference to persons who have completed a post-secondary

program of education pursued under a ROTC scholarship program at a

college or university accredited to award baccalaureate degrees or

pursued under a ROTC scholarship program at an accredited two-year

or four-year military college.''

REPORT ON INITIAL APPOINTMENT OF ALL OFFICERS AS RESERVE OFFICERS

AND ON APPROPRIATE ACTIVE DUTY OBLIGATION OF GRADUATES OF SERVICE

ACADEMIES

Pub. L. 101-510, div. A, title V, Sec. 524, Nov. 5, 1990, 104

Stat. 1562, directed Secretary of Defense to submit to Congress a

report on advantages, disadvantages, and desirability of initially

appointing all persons commissioned as officers in the Army, Navy,

Air Force, or Marine Corps as Reserve officers, and the appropriate

active duty service obligation for graduates of the service

academies, directed Secretary to submit report not later than 60

days after Nov. 5, 1990, and provided that if the report was not

submitted by that date, all persons initially appointed as

commissioned officers in the Army, Navy, Air Force, and Marine

Corps after that date would be appointed as commissioned officers

in a Reserve component of the Armed Forces, and all persons

entering the service academies after that date would incur an

obligation to serve on active duty for a period of five years.

DEADLINE FOR REGULATIONS IMPLEMENTING SUBSECTION (E) OF THIS

SECTION

Section 718(b) of Pub. L. 100-180 provided that: ''The Secretary

concerned shall prescribe regulations implementing subsection (e)

of section 591 (now 12201(d)) of title 10, United States Code, as

added by subsection (a), not later than 90 days after the date of

the enactment of this Act (Dec. 4, 1987).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 591, 2130a of this title.

-CITE-

10 USC Sec. 12202 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS

-HEAD-

Sec. 12202. Commissioned officer grades

-STATUTE-

Except for commissioned warrant officers, the reserve

commissioned officer grades in each armed force are those

authorized for regular commissioned officers of that armed force.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(10)(B), Sept. 2, 1958, 72 Stat. 1440,

Sec. 592; renumbered Sec. 12202, Pub. L. 103-337, div. A, title

XVI, Sec. 1662(c)(2), Oct. 5, 1994, 108 Stat. 2990.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

592 50:1181(1) (as Sept. 3, 1954, ch.

applicable to 1257, Sec. 102(1)

50:1201). 50:1201. (as applicable to

Sec. 211), 211, 68

Stat. 1149, 1153.

-------------------------------

The words ''including those heretofore or hereafter transferred

to the Retired Reserve'', ''permanent'', and ''pursuant to the

Officer Personnel Act of 1947, as amended'' are omitted as

surplusage. The rule as to the Coast Guard is consolidated with

the rule applicable to the other armed forces, since 14:754

prescribes the same substantive result as that prescribed by

50:1201 for the other armed forces.

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 592 of this title as

this section.

-CITE-

10 USC Sec. 12203 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS

-HEAD-

Sec. 12203. Commissioned officers: appointment, how made; term

-STATUTE-

(a) Appointments of reserve officers in commissioned grades above

lieutenant colonel and commander or below, except commissioned

warrant officer, shall be made by the President alone.

Appointments of reserve officers in commissioned grades above

lieutenant colonel and commander shall be made by the President, by

and with the advice and consent of the Senate, except as provided

in section 624, 12213, or 12214 of this title.

(b) Appointments of Reserves in commissioned grades are for an

indefinite term and are held during the pleasure of the President.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 25, Sec. 593; Pub. L. 85-861,

Sec. 1(10)(C), Sept. 2, 1958, 72 Stat. 1440; Pub. L. 92-129, title

VI, Sec. 601, Sept. 28, 1971, 85 Stat. 361; Pub. L. 96-513, title

V, Sec. 501(7), Dec. 12, 1980, 94 Stat. 2907; renumbered Sec. 12203

and amended Pub. L. 103-337, div. A, title XVI, Sec. 1632,

1662(c)(2), 1675(b)(1), Oct. 5, 1994, 108 Stat. 2965, 2990, 3017;

Pub. L. 104-106, div. A, title XV, Sec. 1501(a)(6), Feb. 10, 1996,

110 Stat. 495.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

593(a) 593(b) 50:942. 50:943. July 9, 1952, ch.

50:945. 50:948 608, Sec. 218, 219,

(less 3d and 4th 221, 224 (less 3d

sentences, as and 4th sentences,

applicable to as applicable to

commissioned commissioned

officers). officers), 66 Stat.

487.

-------------------------------

In subsection (a), the word ''alone'' is inserted for clarity.

The exception as to commissioned warrant officers is inserted to

reflect section 597 of this title, since reserve chief warrant

officers of the Navy, Marine Corps, and Coast Guard are appointed

by commission by the Secretary concerned.

In subsection (b), 50:948 (2d and last sentences) is omitted as

executed.

1958 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

593(a) (No source). (No source).

-------------------------------

The exception is inserted to reflect section 3352(b) of title 10,

United States Code.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-106 made technical correction to

directory language of Pub. L. 103-337, Sec. 1632. See 1994

Amendment note below.

1994 - Pub. L. 103-337, Sec. 1662(c)(2), renumbered section 593

of this title as this section.

Subsec. (a). Pub. L. 103-337, Sec. 1675(b), substituted ''12213,

or 12214'' for ''3352, or 8352''.

Pub. L. 103-337, Sec. 1632, as amended by Pub. L. 104-106,

substituted ''reserve officers in commissioned grades of lieutenant

colonel and commander or below'' for ''Reserves in commissioned

grades below lieutenant colonel and commander'' and ''reserve

officers in commissioned grades above lieutenant colonel and

commander'' for ''Reserves in commissioned grades above major and

lieutenant commander''.

1980 - Subsec. (a). Pub. L. 96-513 inserted reference to section

624 of this title.

1971 - Subsec. (a). Pub. L. 92-129 substituted ''below lieutenant

colonel and commander'' for ''below general officer and flag

officer'', ''in commissioned grades above major and lieutenant

commander'' for ''as general and flag officers'', and ''section

3352 or 8352 of this title'' for ''section 3352 of this title''.

1958 - Subsec. (a). Pub. L. 85-861 inserted '', except as

provided in section 3352 of this title'' after ''consent of the

Senate''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by sections 1662(c)(2) and 1675(b)(1) of Pub. L.

103-337 effective Dec. 1, 1994, except as otherwise provided, and

amendment by section 1632 of Pub. L. 103-337 effective Oct. 1,

1996, see section 1691 of Pub. L. 103-337, set out as a note under

section 10001 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section

701 of Pub. L. 96-513, set out as a note under section 101 of this

title.

INDEFINITE APPOINTMENTS FOR CERTAIN RESERVE OFFICERS

Section 41 of act Aug. 10, 1956, provided that: ''Each person who

was a reserve officer on July 9, 1952, and who did not hold an

appointment for an indefinite term on that date, shall be given an

appointment for an indefinite term in place of the appointment he

then held, if after written notification by competent authority

before July 2, 1953, the officer agrees in writing to have that

appointment continued for an indefinite term. In the event such

officer does not agree in writing, the term of his current

appointment shall not be changed by this section.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14308 of this title; title

14 section 271; title 37 section 205.

-CITE-

10 USC Sec. 12204 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS

-HEAD-

Sec. 12204. Commissioned officers: original appointment; limitation

-STATUTE-

(a) No person may be appointed as a Reserve in a commissioned

grade above major or lieutenant commander, unless -

(1) he was formerly a commissioned officer of an armed force;

or

(2) such an appointment is recommended by a board of officers

convened by the Secretary concerned.

(b) This section does not apply to adjutants general and

assistant adjutants general of the several States and Territories,

Puerto Rico, and the District of Columbia.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 25, Sec. 594; Pub. L. 100-456,

div. A, title XII, Sec. 1234(a)(1), Sept. 29, 1988, 102 Stat.

2059; renumbered Sec. 12204, Pub. L. 103-337, div. A, title XVI,

Sec. 1662(c)(2), Oct. 5, 1994, 108 Stat. 2990.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

594(a) 50:941(c) (less 1st July 9, 1952, ch.

21 words). 608 Sec. 217(c), 66

Stat. 487.

594(b) 50:941(c) (1st 21

words).

-------------------------------

In subsection (a), the words ''unless * * * he was formerly'' are

substituted for the words ''has not held an appointment as''. The

words ''or any component thereof'' are omitted as surplusage.

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 594 of this title as

this section.

1988 - Subsec. (b). Pub. L. 100-456 struck out ''the Canal

Zone,'' after ''Puerto Rico,''.

-CITE-

10 USC Sec. 12205 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS

-HEAD-

Sec. 12205. Commissioned officers: appointment; educational

requirement

-STATUTE-

(a) In General. - No person may be appointed to a grade above the

grade of first lieutenant in the Army Reserve, Air Force Reserve,

or Marine Corps Reserve or to a grade above the grade of lieutenant

(junior grade) in the Naval Reserve, or be federally recognized in

a grade above the grade of first lieutenant as a member of the Army

National Guard or Air National Guard, unless that person has been

awarded a baccalaureate degree by a qualifying educational

institution.

(b) Exceptions. - Subsection (a) does not apply to the following:

(1) The appointment to or recognition in a higher grade of a

person who is appointed in or assigned for service in a health

profession for which a baccalaureate degree is not a condition of

original appointment or assignment.

(2) The appointment in the Naval Reserve or Marine Corps

Reserve of a person appointed for service as an officer

designated as a limited duty officer.

(3) The appointment in the Naval Reserve of a person appointed

for service under the Naval Aviation Cadet (NAVCAD) program or

the Seaman to Admiral program.

(4) The appointment to or recognition in a higher grade of any

person who was appointed to, or federally recognized in, the

grade of captain or, in the case of the Navy, lieutenant before

October 1, 1995.

(5) Recognition in the grade of captain or major in the Alaska

Army National Guard of a person who resides permanently at a

location in Alaska that is more than 50 miles from each of the

cities of Anchorage, Fairbanks, and Juneau, Alaska, by paved road

and who is serving in a Scout unit or a Scout supporting unit.

(c) Qualifying Educational Institutions. - (1) A qualifying

educational institution for purposes of this section is an

educational institution that is accredited or that meets the

requirements of paragraph (2).

(2)(A) An unaccredited educational institution shall be

considered to be a qualifying educational institution for purposes

of the appointment or recognition of a person who is a graduate of

that institution if the Secretary concerned determines that (as of

the year of the graduation of that person from that institution) at

least three educational institutions that are accredited and that

maintain Reserve Officers' Training Corps programs each generally

grant baccalaureate degree credit for completion of courses of the

unaccredited institution equivalent to the baccalaureate degree

credit granted by the unaccredited institution for the completion

of those courses.

(B) In order to assist the Secretary concerned in making

determinations under subparagraph (A), any unaccredited institution

that seeks to be considered to be a qualifying educational

institution for purposes of this paragraph shall submit to the

Secretary of Defense each year such information as the Secretary

may require concerning the program of instruction at that

institution.

(C) In the case of a person with a degree from an unaccredited

institution that is a qualifying educational institution under this

paragraph, the degree may not have been awarded more than eight

years before the date on which the person is to be appointed to, or

recognized in, the grade of captain or, in the case of the Naval

Reserve, lieutenant, in order for that person to be considered for

purposes of subsection (a) to have been awarded a baccalaureate

degree by a qualifying educational institution.

(d) Waiver Authority for Army OCS Graduates and Certain Marine

Corps Officers. - (1) The Secretary of the Army may waive the

applicability of subsection (a) to any officer whose original

appointment in the Army as a Reserve officer is through the Army

Officer Candidate School program.

(2) The Secretary of the Navy may waive the applicability of

subsection (a) to any officer whose original appointment in the

Marine Corps as a Reserve officer is through the Marine Corps

meritorious commissioning program.

(3) Any such waiver shall be made on a case-by-case basis,

considering the individual circumstances of the officer involved,

and may continue in effect for no more than two years after the

waiver is granted. The Secretary concerned may provide for such a

waiver to be effective before the date of the waiver, as

appropriate in an individual case.

-SOURCE-

(Added Pub. L. 102-484, div. A, title V, Sec. 515(a), Oct. 23,

1992, 106 Stat. 2406, Sec. 596; renumbered Sec. 12205 and amended

Pub. L. 103-337, div. A, title V, Sec. 519, 520, title XVI, Sec.

1662(c)(2), Oct. 5, 1994, 108 Stat. 2755, 2990; Pub. L. 104-201,

div. A, title V, Sec. 504, 505, title X, Sec. 1074(a)(22), Sept.

23, 1996, 110 Stat. 2512, 2660; Pub. L. 107-107, div. A, title V,

Sec. 512(a), Dec. 28, 2001, 115 Stat. 1092.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

Pub. L. 102-190, div. A, title V, Sec. 523, Dec. 5, 1991, 105

Stat. 1363, which was set out as a note under section 591 (now

12201) of this title, prior to repeal by Pub. L. 103-35, Sec.

203(a).

AMENDMENTS

2001 - Subsec. (d). Pub. L. 107-107 added subsec. (d).

1996 - Subsec. (a). Pub. L. 104-201, Sec. 1074(a)(22),

substituted ''No person'' for ''After September 30, 1995, no

person''.

Subsec. (b)(3). Pub. L. 104-201, Sec. 505, inserted ''or the

Seaman to Admiral program'' after ''(NAVCAD) program''.

Subsec. (c)(2)(C). Pub. L. 104-201, Sec. 504, substituted ''eight

years'' for ''three years''.

1994 - Pub. L. 103-337, Sec. 1662(c)(2), renumbered section 596

of this title as this section.

Subsec. (a). Pub. L. 103-337, Sec. 519(1), substituted ''a

qualifying educational institution'' for ''an accredited

educational institution''.

Subsec. (b)(2), (3). Pub. L. 103-337, Sec. 520(b), substituted

''a person'' for ''an individual''.

Subsec. (b)(5). Pub. L. 103-337, Sec. 520(a), added par. (5).

Subsec. (c). Pub. L. 103-337, Sec. 519(2), added subsec. (c).

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title V, Sec. 512(b), Dec. 28, 2001,

115 Stat. 1092, provided that: ''Subsection (d) of section 12205 of

title 10, United States Code, as added by subsection (a), shall

apply with respect to officers appointed before, on, or after the

date of the enactment of this Act (Dec. 28, 2001).''

AUTHORITY FOR TEMPORARY WAIVER FOR CERTAIN ARMY RESERVE OFFICERS OF

BACCALAUREATE DEGREE REQUIREMENT FOR PROMOTION OF RESERVE OFFICERS

Pub. L. 105-261, div. A, title V, Sec. 516, Oct. 17, 1998, 112

Stat. 2008, provided that:

''(a) Waiver Authority for Army OCS Graduates. - The Secretary of

the Army may waive the applicability of section 12205(a) of title

10, United States Code, to any officer who before the date of the

enactment of this Act (Oct. 17, 1998) was commissioned through the

Army Officer Candidate School. Any such waiver shall be made on a

case-by-case basis, considering the individual circumstances of the

officer involved, and may continue in effect for no more than 2

years after the waiver is granted. The Secretary may provide for

such a waiver to be effective before the date of the waiver, as

appropriate in an individual case.

''(b) Expiration of Authority. - A waiver under this section may

not be granted after September 30, 2000.''

-CITE-

10 USC Sec. 12206 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS

-HEAD-

Sec. 12206. Commissioned officers: appointment of former

commissioned officers

-STATUTE-

Under regulations prescribed by the Secretary of Defense, a

person who is a former commissioned officer may, if otherwise

qualified, be appointed as a reserve officer of the Army, Navy, Air

Force, or Marine Corps. A person so appointed -

(1) may be placed on the reserve active-status list of that

armed force in the grade equivalent to the permanent regular or

reserve grade, and in the same competitive category, in which the

person previously served satisfactorily on active duty or in an

active status; and

(2) may be credited for the purpose of determining date of rank

under section 741(d) of this title with service in grade equal to

that held by that person when discharged or separated.

-SOURCE-

(Added Sec. 596a and renumbered Sec. 12206, Pub. L. 103-337, div.

A, title XVI, Sec. 1633, 1662(c)(2), Oct. 5, 1994, 108 Stat. 2965,

2990.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-337, Sec. 1662(c)(2), renumbered section 596a

of this title as this section.

EFFECTIVE DATE

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L.

103-337, set out as a note under section 10001 of this title.

-CITE-

10 USC Sec. 12207 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS

-HEAD-

Sec. 12207. Commissioned officers: service credit upon original

appointment

-STATUTE-

(a)(1) For the purpose of determining the grade and the rank

within grade of a person receiving an original appointment as a

reserve commissioned officer (other than a commissioned warrant

officer) in the Army, Navy, Air Force, or Marine Corps, the person

shall be credited at the time of the appointment with any

commissioned service (other than service as a commissioned warrant

officer) performed before such appointment as a regular officer, or

as a reserve officer in an active status, in any armed force, the

National Oceanic and Atmospheric Administration, or the Public

Health Service.

(2) The Secretary of Defense shall prescribe regulations, which

shall apply uniformly among the Army, Navy, Air Force, and Marine

Corps, to authorize the Secretary of the military department

concerned to limit the amount of prior commissioned service with

which a person receiving an original appointment may be credited

under paragraph (1), or to deny any such credit, in the case of a

person who at the time of such appointment is credited with

constructive service under subsection (b).

(b)(1) Under regulations prescribed by the Secretary of Defense,

a person who is receiving an original appointment as a reserve

commissioned officer (other than a commissioned warrant officer) of

the Army, Navy, Air Force, or Marine Corps, or a designation in, or

an assignment to, an officer category in which advanced education

or training is required and who has advanced education or training,

shall be credited with constructive service for such education,

training, or experience, as follows:

(A) One year for each year of advanced education beyond the

baccalaureate degree level, for persons appointed or designated

in, or assigned to, officer categories requiring such advanced

education or an advanced degree as a prerequisite for such

appointment, designation, or assignment. In determining the

number of years of constructive service to be credited under this

subparagraph to officers in any professional field, the Secretary

concerned shall credit an officer with, but with not more than,

the number of years of advanced education required by a majority

of institutions that award degrees in that professional field for

completion of the advanced education or award of the advanced

degree.

(B)(i) Credit for any period of advanced education in a health

profession (other than medicine and dentistry) beyond the

baccalaureate degree level which exceeds the basic education

criteria for such appointment, designation, or assignment, if

such advanced education will be directly used by the armed force

concerned.

(ii) Credit for experience in a health profession (other than

medicine or dentistry), if such experience will be directly used

by the armed force concerned.

(C) Additional credit of (i) not more than one year for

internship or equivalent graduate medical, dental, or other

formal health professional training required by the armed forces,

and (ii) not more than one year for each additional year of such

graduate-level training or experience creditable toward

certification in a speciality required by the armed force

concerned.

(D) Additional credit, in unusual cases, based on special

experience in a particular field.

(E) Additional credit for experience as a physician or dentist,

if appointed, assigned, or designated as a medical or dental

officer.

(2) If the Secretary of Defense determines that the number of

medical or dental officers serving in an active status in a reserve

component of the Army, Navy, or Air Force in grades below major or

lieutenant commander is critically below the number needed by such

reserve component in such grades, the Secretary of Defense may

authorize the Secretary of the military department concerned to

credit any person who is receiving an original appointment for

service as a medical or dental officer with a period of

constructive credit in such amount (in addition to any amount

credited such person under subsection (b)) as will result in the

grade of such person being that of captain or, in the case of the

Naval Reserve, lieutenant.

(3) Except as authorized by the Secretary concerned in individual

cases and under regulations prescribed by the Secretary of Defense

in the case of a medical or dental officer, the amount of

constructive service credited an officer under this subsection may

not exceed the amount required in order for the officer to be

eligible for an original appointment as a reserve officer of the

Army, Air Force, or Marine Corps in the grade of major or as a

reserve officer of the Navy in the grade of lieutenant commander.

(4) Constructive service credited an officer under this

subsection is in addition to any service credited that officer

under subsection (a) and shall be credited at the time of the

original appointment of the officer or assignment to or designation

in an officer category in which advanced education or training or

special experience is required.

(c) Constructive service may not be credited under subsection (b)

for education, training, or experience obtained while serving as a

commissioned officer (other than a warrant officer) on active duty

or in an active status. However, in the case of an officer who

completes advanced education or receives an advanced degree while

on active duty or in an active status and in less than the number

of years normally required to complete such advanced education or

receive such advanced degree, constructive service may, subject to

regulations prescribed under subsection (a)(2), be credited to the

officer under subsection (b)(1)(A) to the extent that the number of

years normally required to complete such advanced education or

receive such advanced degree exceeds the actual number of years in

which such advanced education or degree is obtained by the officer.

(d) If the Secretary of Defense determines that the number of

qualified judge advocates serving on the active-duty list of the

Army, Navy, Air Force, or Marine Corps in grades below lieutenant

commander or major is critically below the number needed by that

armed force in those grades, the Secretary of Defense may authorize

the Secretary of the military department concerned to credit any

person who is receiving an original appointment with a view to

assignment to the Judge Advocate General's Corps of the Army or

appointment to the Judge Advocate General's Corps of the Navy, or

who is receiving an original appointment in the Air Force or Marine

Corps with a view to designation as a judge advocate, with a period

of constructive service in such an amount (in addition to any

amount credited such person under subsection (b)) as will result in

the grade of such person being that of captain or, in the case of

the Navy, lieutenant, and the date of rank of such person being

junior to that of all other officers of the same grade serving on

the active-duty list.

(e) Constructive service credited an officer under subsection (b)

or (d) shall be used only for determining the officer's -

(1) initial grade as a reserve officer;

(2) rank in grade; and

(3) service in grade for promotion eligibility.

(f) The grade and position on the reserve active-status list of a

person receiving an appointment as a reserve officer who at the

time of appointment is credited with service under this section

shall be determined under regulations prescribed by the Secretary

of Defense based upon the amount of service credited.

-SOURCE-

(Added Sec. 596b and renumbered Sec. 12207, Pub. L. 103-337, div.

A, title XVI, Sec. 1634, 1662(c)(2), Oct. 5, 1994, 108 Stat. 2965,

2990.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3353, 5600, and 8353 of this title, prior to repeal by

Pub. L. 103-337, Sec. 1629(a)(1), (c)(1) and Pub. L. 104-106, Sec.

1501(c)(26).

AMENDMENTS

1994 - Pub. L. 103-337, Sec. 1662(c)(2), renumbered section 596b

of this title as this section.

EFFECTIVE DATE

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L.

103-337, set out as a note under section 10001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2121, 12320 of this

title.

-CITE-

10 USC Sec. 12208 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS

-HEAD-

Sec. 12208. Officers: appointment upon transfer

-STATUTE-

(a) A person who would otherwise be required to be transferred to

a reserve component under section 651 of this title or under the

Military Selective Service Act (50 U.S.C. App. 451 et seq.), is

entitled, if he is qualified and accepted, to be appointed as an

officer of any armed force that he chooses and to participate in

the programs authorized for that armed force. However, unless the

two Secretaries concerned consent, he may not be appointed as a

Reserve of an armed force other than that from which he is

transferred. All periods of his participation shall be credited

against the total period of service required of him under section

651 of this title or under the Military Selective Service Act (50

U.S.C. App. 451 et seq.). However, no period may be credited more

than once.

(b) A person covered by subsection (a) shall perform the rest of

his required term of service in the armed force in which he is so

appointed or in any other armed force in which he is later

appointed or enlisted.

(c) This section does not change any term of service under an

appointment, enlistment, or agreement, including an agreement made

before or at the time when the member entered upon a program

authorized by an armed force.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 25, Sec. 595; Pub. L. 96-513,

title V, Sec. 511(17), Dec. 12, 1980, 94 Stat. 2921; renumbered

Sec. 12208, Pub. L. 103-337, div. A, title XVI, Sec. 1662(c)(2),

Oct. 5, 1994, 108 Stat. 2990.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

595(a) 595(b) 50:929(a) (less 2d July 9, 1952, ch.

sentence, less 608, Sec. 209 (less

applicability to applicability to

enlistments). enlistments), 66

50:929(a) (2d Stat. 484.

sentence, and less

applicability to

enlistments).

595(c) 50:929(b) (less

applicability to

enlistments).

-------------------------------

In subsection (a), the words ''is entitled * * * to be appointed

as an officer of any armed force that he chooses'' are substituted

for the words ''shall be permitted to * * * accept an appointment

in such armed force of the United States as he may elect''. The

last sentence is substituted for 50:929(a) (words within

parentheses). The words ''of an armed force of the United States''

are omitted as surplusage.

In subsection (b), the word ''rest'' is substituted for the words

''remaining period''. The words ''be required to'' are omitted as

surplusage.

In subsection (c), the words ''This section does not'' are

substituted for the words ''Nothing in this section shall be

construed''. The word ''change'' is substituted for the words

''reduce, limit, or modify''. The words ''which any person may

undertake to perform'' are omitted as surplusage.

-REFTEXT-

REFERENCES IN TEXT

The Military Selective Service Act, referred to in subsec. (a),

is act June 24, 1948, ch. 625, 62 Stat. 604, as amended, which is

classified principally to section 451 et seq. of Title 50,

Appendix, War and National Defense. For complete classification of

this Act to the Code, see note set out under section 451 of Title

50, Appendix, and Tables.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 595 of this title as

this section.

1980 - Subsec. (a). Pub. L. 96-513 substituted ''the Military

Selective Service Act (50 U.S.C. App. 451 et seq.)'' for ''sections

451-473 of title 50, appendix'' wherever appearing.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

-CITE-

10 USC Sec. 12209 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS

-HEAD-

Sec. 12209. Officer candidates: enlisted Reserves

-STATUTE-

(a) Within such numbers as the Secretary concerned may prescribe,

enlisted Reserves may, with their consent, be selected for training

as officer candidates. Enlisted Reserves so selected shall be

designated as officer candidates during that training. However, no

member of the Army National Guard of the United States or the Air

National Guard of the United States may be so selected or

designated unless -

(1) he is on active duty; or

(2) the governor or other appropriate authority of the

jurisdiction concerned consents.

(b) The enlistment or term of service of a Reserve who is

designated as an officer candidate under this section is extended

to include any period, beyond its normal expiration date, during

which he is an officer candidate.

(c) While he is on active duty, other than active duty for

training without pay, or performing authorized travel to and from

that duty, an officer candidate designated under this section is

entitled to the pay and allowances of his enlisted grade, but not

less than those prescribed for pay grade E-2.

(d) An officer candidate designated under this section may not

participate in the program of a reserve officer training corps of

any armed force.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 26, Sec. 600; renumbered Sec.

12209, Pub. L. 103-337, div. A, title XVI, Sec. 1662(c)(3), Oct.

5, 1994, 108 Stat. 2990; Pub. L. 104-106, div. A, title XV, Sec.

1501(b)(12)(A), Feb. 10, 1996, 110 Stat. 496.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

600(a) 600(b) 600(c) 50:935(a). July 9, 1952, ch.

600(d) 50:954(a). 50:973. 608, Sec. 215(a),

50:954(b). 230, 242, 66 Stat.

486, 489, 492.

-------------------------------

In subsection (a), the words ''who is not in active Federal

service'' are substituted for the words ''when not in the active

military service of the United States''. The word ''during'' is

substituted for the words ''for the period of''.

In subsection (c), the words ''active duty other than active duty

for training without pay'' are substituted for the words ''active

duty or active duty for training with pay''. The words ''enlisted

members of the reserve components designated as'', ''enlisted'',

and ''under the Career Compensation Act of 1949, as amended'' are

omitted as surplusage.

AMENDMENTS

1996 - Pub. L. 104-106 substituted ''candidates: enlisted

Reserves'' for ''candidates'' in section catchline.

1994 - Pub. L. 103-337 renumbered section 600 of this title as

this section.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 14 section 705.

-CITE-

10 USC Sec. 12210 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS

-HEAD-

Sec. 12210. Attending Physician to the Congress: reserve grade

while so serving

-STATUTE-

While serving as Attending Physician to the Congress, a Reserve

who holds a reserve grade lower than major general or rear admiral

shall hold the reserve grade of major general or rear admiral, as

appropriate, if appointed to that grade by the President, by and

with the advice and consent of the Senate.

-SOURCE-

(Added Pub. L. 99-661, div. A, title V, Sec. 508(d)(1)(A), Nov.

14, 1986, 100 Stat. 3867, Sec. 600a; renumbered Sec. 12210, Pub. L.

103-337, div. A, title XVI, Sec. 1662(c)(3), Oct. 5, 1994, 108

Stat. 2990; amended Pub. L. 104-106, div. A, title XV, Sec.

1501(b)(12)(B), Feb. 10, 1996, 110 Stat. 496.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-106 substituted ''Congress: reserve grade

while so serving'' for ''Congress'' in section catchline.

1994 - Pub. L. 103-337 renumbered section 600a of this title as

this section.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

EFFECTIVE DATE

Section 508(f) of Pub. L. 99-661 provided that: ''The amendments

made by this section (enacting this section and amending sections

1374, 4335, 5149, and 9335 of this title) shall apply only with

respect to appointments or details made on or after the date of the

enactment of this Act (Nov. 14, 1986).''

-CITE-

10 USC Sec. 12211 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS

-HEAD-

Sec. 12211. Officers: Army National Guard of the United States

-STATUTE-

(a) Upon being federally recognized, an officer of the Army

National Guard shall be appointed as a Reserve for service as a

member of the Army National Guard of the United States in the grade

that he holds in the Army National Guard. However, an officer of

the Army Reserve who is federally recognized as an officer of the

Army National Guard becomes an officer of the Army National Guard

of the United States and ceases to be an officer of the Army

Reserve. The acceptance of an appointment as a Reserve for service

as a member of the Army National Guard of the United States by an

officer of the Army National Guard does not vacate his office in

the Army National Guard.

(b) When an officer of the Army National Guard to whom temporary

Federal recognition has been extended is appointed as a Reserve for

service as a member of the Army National Guard of the United

States, his appointment shall bear the date of the temporary

recognition and shall be considered to have been accepted and

effective on that date.

(c) When the Army National Guard of the United States is ordered

to active duty, any officer of the Army National Guard who is not a

Reserve of the Army may be appointed by the President as a Reserve

for service as a member of the Army National Guard of the United

States in the grade that he holds in the Army National Guard.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 193, Sec. 3351; renumbered Sec.

12211, Pub. L. 103-337, div. A, title XVI, Sec. 1662(c)(3), Oct.

5, 1994, 108 Stat. 2990; Pub. L. 104-106, div. A, title XV, Sec.

1501(b)(13)(A), Feb. 10, 1996, 110 Stat. 496.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3351(a) 3351(b) 50:1113 (less (a)). July 9, 1952, ch.

3351(c) 50:1115(a) (last 39 608, Sec. 703 (less

words). 50:1114 (2d (a)), 704 (2d

sentence). 50:1123 sentence), 705(a)

(less (a)). (last 39 words),

713 (less (a)), 66

Stat. 502-504.

-------------------------------

In subsection (a), the words ''as a Reserve'' are substituted for

the words ''as Reserve officers of the appropriate Armed Force of

the United States'' and ''as a Reserve officer of the Armed Force

of the United States concerned'', in 50:1113(b). The words

''federally recognized appointments'' and ''in the same grade and

branch'', in 50:1113(b), are omitted as surplusage. The words

''those officers who do not hold appointments as Reserve officers

of the appropriate Armed Force of the United States'', in

50:1113(b), are omitted as covered by the second sentence of the

revised subsection.

In subsection (c), the words ''active duty'' are substituted for

the words ''active military service of the United States''. The

words ''and branch'' are omitted as surplusage. The words ''of the

Army National Guard of the United States'' are inserted for

clarity.

AMENDMENTS

1996 - Pub. L. 104-106 inserted ''the'' after ''National Guard

of'' in section catchline.

1994 - Pub. L. 103-337 renumbered section 3351 of this title as

this section.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

-CITE-

10 USC Sec. 12212 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS

-HEAD-

Sec. 12212. Officers: Air National Guard of the United States

-STATUTE-

(a) Upon being federally recognized, an officer of the Air

National Guard shall be appointed as a Reserve for service as a

member of the Air National Guard of the United States in the grade

that he holds in the Air National Guard. However, an officer of the

Air Force Reserve who is federally recognized as an officer of the

Air National Guard becomes an officer of the Air National Guard of

the United States and ceases to be an officer of the Air Force

Reserve. The acceptance of an appointment as a Reserve for service

as a member of the Air National Guard of the United States by an

officer of the Air National Guard does not vacate his office in the

Air National Guard.

(b) When an officer of the Air National Guard to whom temporary

Federal recognition has been extended is appointed as a Reserve for

service as a member of the Air National Guard of the United States,

his appointment shall bear the date of the temporary recognition

and shall be considered to have been accepted and effective on that

date.

(c) When the Air National Guard of the United States is ordered

to active duty, any officer of the Air National Guard who is not a

Reserve of the Air Force may be appointed by the President as a

Reserve for service as a member of the Air National Guard of the

United States in the grade that he holds in the Air National Guard.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 519, Sec. 8351; renumbered Sec.

12212, Pub. L. 103-337, div. A, title XVI, Sec. 1662(c)(3), Oct.

5, 1994, 108 Stat. 2990; Pub. L. 104-106, div. A, title XV, Sec.

1501(b)(13)(A), Feb. 10, 1996, 110 Stat. 496.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8351(a) 8351(b) 50:1113 (less (a)). July 9, 1952, ch.

8351(c) 50:1115(a) (last 39 608, Sec. 703 (less

words). 50:1114 (2d (a)), 704 (2d

sentence). 50:1123 sentence), 705(a)

(less (a)). (last 39 words),

713 (less (a)), 66

Stat. 502-504.

-------------------------------

In subsection (a), the words ''as a Reserve'' are substituted for

the words ''as Reserve officers of the appropriate Armed Force of

the United States'' and ''as a Reserve officer of the Armed Force

of the United States concerned'' in 50:1113(b). The words

''federally recognized appointments'' and ''in the same grade and

branch'', in 50:1113(b), are omitted as surplusage. The words

''those officers who do not hold appointments as reserve officers

of the appropriate Armed Force of the United States'', in

50:1113(b), are omitted as covered by the second sentence of the

revised subsection.

In subsection (c), the words ''active duty'' are substituted for

the words ''active military service of the United States''. The

words ''and branch'' are omitted as surplusage. The words ''of the

Air National Guard of the United States'' are inserted for clarity.

AMENDMENTS

1996 - Pub. L. 104-106 inserted ''the'' after ''National Guard

of'' in section catchline.

1994 - Pub. L. 103-337 renumbered section 8351 of this title as

this section.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

-CITE-

10 USC Sec. 12213 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS

-HEAD-

Sec. 12213. Officers; Army Reserve: transfer from Army National

Guard of the United States

-STATUTE-

(a) Under such regulations as the Secretary of the Army may

prescribe, and with the consent of the governor or other

appropriate authority of the State concerned, an officer of the

Army National Guard of the United States may be transferred in

grade to the Army Reserve.

(b) Unless discharged from his appointment as a Reserve, an

officer of the Army National Guard of the United States whose

Federal recognition as a member of the Army National Guard is

withdrawn becomes a member of the Army Reserve. An officer who so

becomes a member of the Army Reserve ceases to be a member of the

Army National Guard of the United States.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 194, Sec. 3352; Pub. L. 85-861,

Sec. 1(80)(A), Sept. 2, 1958, 72 Stat. 1468; Pub. L. 86-559, Sec.

1(7), June 30, 1960, 74 Stat. 265; Pub. L. 100-456, div. A, title

XII, Sec. 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; renumbered

Sec. 12213 and amended Pub. L. 103-337, div. A, title XVI, Sec.

1636(a), 1662(c)(3), 1675(b)(2), Oct. 5, 1994, 108 Stat. 2968,

2990, 3017; Pub. L. 104-106, div. A, title XV, Sec.

1501(b)(13)(A), (14), Feb. 10, 1996, 110 Stat. 496.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3352(a) 3352(b) 50:1116 (less last July 9, 1952, ch.

15 words of 1st 608, Sec. 706 (less

sentence, and less last 15 words of

applicability to 1st sentence, and

enlistments). less applicability

50:1117 (less to enlistments),

applicability to 707 (less

enlistments). applicability to

enlistments), 66

Stat. 503.

-------------------------------

In subsection (a), the words ''at any time'', ''of any person'',

and ''from the National Guard of the United States or from the Air

National Guard of the United States'' are omitted as surplusage.

The words ''highest regular or reserve grade ever held by him in

the Army'' are substituted for the words ''highest permanent grade

previously held in the Army or any component thereof'', since

''permanent'' grades are held only in a component and there are no

''non-permanent'' grades held in a component.

In subsection (b), the words ''appointment as a Reserve'' are

substituted for the words ''appointment or * * * as a Reserve

officer or''. The words ''whose Federal recognition as a member *

* * is withdrawn'' are substituted for the words ''ceases to hold a

status as a federally recognized member''.

1958 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3352(a) 50:1254. Sept. 3, 1954, ch.

1257, Sec. 322, 68

Stat. 1161.

-------------------------------

AMENDMENTS

1996 - Pub. L. 104-106, Sec. 1501(b)(13)(A), inserted ''the''

after ''National Guard of'' in section catchline.

Subsec. (a). Pub. L. 104-106, Sec. 1501(b)(14), substituted

''section 12203'' for ''section 593'' in last sentence.

1994 - Pub. L. 103-337, Sec. 1662(c)(3), renumbered section 3352

of this title as this section.

Subsec. (a). Pub. L. 103-337, Sec. 1675(b), struck out ''or

Territory, Puerto Rico, or the District of Columbia, whichever is''

after ''authority of the State''.

Pub. L. 103-337, Sec. 1636(a), struck out at end

''Notwithstanding any other provision of this chapter or section

12203 of this title, an officer who is transferred under this

section shall be advanced to the highest temporary, regular, or

reserve grade ever held by him in the Army, unless the Secretary

determines that it is not in the best interests of the service.''

1988 - Subsec. (a). Pub. L. 100-456 struck out ''the Canal

Zone,'' after ''Puerto Rico,''.

1960 - Subsec. (a). Pub. L. 86-559 authorized officers

transferred under this section to be advanced to the highest

temporary grade ever held in the Army.

1958 - Subsec. (a). Pub. L. 85-861 substituted ''Notwithstanding

any other provision of this chapter or section 593 of this title,

an officer who is transferred under this section shall be advanced

to the highest regular or reserve grade ever held by him in the

Army, unless the Secretary determines that it is not in the best

interests of the service'' for ''Upon transfer, he is eligible for

promotion to the highest regular or reserve grade ever held by him

in the Army, if his service has been honorable''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

EFFECTIVE DATE OF 1994 AMENDMENTS

Section 1501(f)(1) of Pub. L. 104-106 provided that: ''Section

1636 of the Reserve Officer Personnel Management Act (Pub. L.

103-337, amending this section and repealing sections 8356 and 8379

of this title) shall take effect on the date of the enactment of

this Act (Feb. 10, 1996).''

Amendment by sections 1662(c)(3) and 1675(b)(2) of Pub. L.

103-337 effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as an Effective Date note

under section 10001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12203, 12683 of this

title; title 32 section 323.

-CITE-

10 USC Sec. 12214 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS

-HEAD-

Sec. 12214. Officers; Air Force Reserve: transfer from Air National

Guard of the United States

-STATUTE-

(a) Under such regulations as the Secretary of the Air Force may

prescribe, and with the consent of the governor or other

appropriate authority of the State concerned, an officer of the Air

National Guard of the United States may be transferred in grade to

the Air Force Reserve.

(b) Unless discharged from his appointment as a Reserve, an

officer of the Air National Guard of the United States whose

Federal recognition as a member of the Air National Guard is

withdrawn becomes a member of the Air Force Reserve. An officer who

so becomes a member of the Air Force Reserve ceases to be a member

of the Air National Guard of the United States.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 520, Sec. 8352; Pub. L. 87-651,

title I, Sec. 126, Sept. 7, 1962, 76 Stat. 514; Pub. L. 100-456,

div. A, title XII, Sec. 1234(a)(1), Sept. 29, 1988, 102 Stat.

2059; renumbered Sec. 12214 and amended Pub. L. 103-337, div. A,

title XVI, Sec. 1662(c)(3), 1675(b)(2), Oct. 5, 1994, 108 Stat.

2990, 3017; Pub. L. 104-106, div. A, title XV, Sec.

1501(b)(13)(A), Feb. 10, 1996, 110 Stat. 496.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8352(a) 8352(b) 50:1116 (less last July 9, 1952, ch.

15 words of 1st 608, Sec. 706 (less

sentence, and less last 15 words of

applicability to 1st sentence, and

enlistments). less applicability

50:1117 (less to enlistments),

applicability to 707 (less

enlistments). applicability to

enlistments), 66

Stat. 503.

-------------------------------

In subsection (a), the words ''at any time'', ''of any person'',

and ''from the National Guard of the United States or from the Air

National Guard of the United States'' are omitted as surplusage.

The words ''highest regular or reserve grade ever held by him in

the Air Force'' are substituted for the words ''highest permanent

grade previously held in * * * the Air Force or any component

thereof'', since ''permanent'' grades are held only in a component

and there are no ''nonpermanent'' grades held in a component.

In subsection (b), the words ''appointment as a Reserve'' are

substituted for the words ''appointment or * * * as a Reserve

officer or''. The words ''whose Federal recognition as a member *

* * is withdrawn'' are substituted for the words ''ceases to hold a

status as a federally recognized member''.

1962 ACT

The change reflects the implied repeal of the second sentence of

section 8352(a) by section 502(a) of the Reserve Officer Personnel

Act of 1954 (68 Stat. 1172).

AMENDMENTS

1996 - Pub. L. 104-106 inserted ''the'' after ''National Guard

of'' in section catchline.

1994 - Pub. L. 103-337, Sec. 1662(c)(3), renumbered section 8352

of this title as this section.

Subsec. (a). Pub. L. 103-337, Sec. 1675(b)(2), struck out ''or

Territory, Puerto Rico, or the District of Columbia, whichever is''

after ''authority of the State''.

1988 - Subsec. (a). Pub. L. 100-456 struck out ''the Canal

Zone,'' after ''Puerto Rico,''.

1962 - Subsec. (a). Pub. L. 87-651 struck out sentence which

provided that upon transfer, an officer is eligible for promotion

to the highest regular or reserve grade ever held by him in the Air

Force, if his service has been honorable.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12203, 12683 of this

title; title 32 section 323.

-CITE-

10 USC Sec. 12215 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS

-HEAD-

Sec. 12215. Commissioned officers: reserve grade of adjutants

general and assistant adjutants general

-STATUTE-

(a) The adjutant general or an assistant adjutant general of the

Army National Guard of a State may, upon being extended Federal

recognition, be appointed as a reserve officer of the Army as of

the date on which he is so recognized.

(b) The adjutant general or an assistant adjutant general of the

Air National Guard of a State may be appointed in the reserve

commissioned grade in which Federal recognition in the Air National

Guard is extended to him.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(c)(1), Oct.

5, 1994, 108 Stat. 2990.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3392 and 8392 of this title, prior to repeal by Pub. L.

103-337, Sec. 1629(a)(1), (c)(1).

EFFECTIVE DATE

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10214 of this title.

-CITE-