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10 U.S.C. § 12205 — Commissioned officers: appointment; educational requirement

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12205 — Commissioned officers: appointment; educational requirement

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Source location: Title 10, Chapter 1205, § 12205; chapter-1205-appointment-of-reserve-officers.md

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**(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 Navy 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 Navy 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 Navy 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 Navy 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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12201 — Reserve officers: qualifications for appointment

**(a)** (1) 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, except as provided in paragraph (2), subscribe to the oath prescribed by [section 3331 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3331&num=0&edition=prelim). 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. (2) If an officer is transferred from the active-duty list of an armed force to a reserve active-status list of an armed force in accordance with regulations prescribed by the Secretary of Defense, the officer is not required to subscribe to the oath referred to in paragraph (1) in order to qualify for an appointment under that paragraph. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) 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 quali

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12205 — and amended Pub. L. 103–337, div. A, title

Page 3648 TITLE 10—ARMED FORCES § 12204 2004—Subsecs. (b), (c). Pub. L. 108–375 added subsec. (b) and redesignated former subsec. (b) as (c). 1996—Subsec. (a). Pub. L. 104–106 made technical cor- rection to directory language of Pub. L. 103–337, § 1632. See 1994 Amendment note below. 1994—Pub. L. 103–337, § 1662(c)(2), renumbered section 593 of this title as this section. Subsec. (a). Pub. L. 103–337, § 1675(b), substituted ‘‘12213, or 12214’’ for ‘‘3352, or 8352’’. Pub. L. 103–337, § 1632, as amended by Pub. L. 104–106, substituted ‘‘reserve officers in commissioned grades of lieutenant colonel and commander or below’’ for ‘‘Re- serves 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 gen- eral 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–375 effective on the first day of the first month beginning more than 180 days after Oct. 28, 2004, see section 501(g) of Pub. L. 108–375, set out as a note under section 531 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12205

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