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10 U.S.C. § 20203 — Original appointments: service credit

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

10 U.S.C. § 20203 — Original appointments: service credit

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Source file: Laws/federal/codes/united-states-code/title-10/section-20203-original-appointments-service-credit--0e34068a94.md
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Source location: Title 10, Chapter 2005, § 20203; chapter-2005-officers.md

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**(a) In General.—** The provisions of [section 533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section533&num=0&edition=prelim) shall apply to the crediting of prior active commissioned service for original appointments of commissioned officers. **(b) Credit for Prior Service.—** (1) For the purpose of determining the grade and rank within grade of a person receiving an original appointment in a commissioned grade in the Space Force, such person shall be credited at the time of such appointment with any commissioned service (other than service as a commissioned warrant officer) that the person performed before such appointment— (A) as a Space Force officer on active duty or in a space force active status; or (B) as a regular officer, or as a reserve officer in an active status, in any uniformed service. (2) The regulations prescribed by the Secretary of Defense under [section 533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section533&num=0&edition=prelim) shall apply to the Space Force to authorize the Secretary of the Air Force to limit the amount of prior active commissioned service with which a person receiving an original appointment may be credited under paragraph (1). **(b) Credit for Education, Training, and Experience.—** (1) Under regulations prescribed by the Secretary of the Air Force, the Secretary shall credit a person who is receiving an original appointment in a commissioned grade in the Space Force and who has advanced education, training, or special experience with constructive service for such education, training, or experience in a particular officer career field as designated by the Secretary of the Air Force, if such education, training, or experience is directly related to the operational needs of the Space Force. (2) (A) The Secretary may credit a person with constructive service under this subsection for each instance of relevant advanced education or training or special experience regardless of whether two or more such instances are concurrent. (B) The Secretary may not credit more than 20 persons with an amount of constructive credit under this paragraph in any year. (3) 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 in the grade of colonel. (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. (5) Not later than December 1 of each year, the Secretary of the Air Force shall submit a report to the Committees on Armed Services of the Senate and House of Representatives regarding the amount of constructive service credited under this subsection during the preceding calendar year. **(c) Authorized Use of Constructive Credit.—** Constructive service credited an officer under subsection (b) shall be used only for determining the officer’s— (1) initial grade; (2) rank in grade; and (3) service in grade for promotion eligibility. **(d) Exclusion for Graduates of the Service Academies.—** A graduate of a Service Academy (as such term is defined in [section 347 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section347&num=0&edition=prelim)) is not entitled to service credit under this section for service performed, or education, training, or experience obtained, before graduation from such Service Academy. **(e) Reserve Officers.—** A reserve officer (other than a warrant officer) who receives an original appointment as an officer in the Space Force shall— (1) in the case of an officer on the active-duty list of an armed force immediately before that appointment, be appointed in the same grade and with the same date of rank as the grade and date of rank held by the officer on the active-duty list immediately before the appointment; and (2) in the case of an officer not on the active-duty list immediately before that appointment, be appointed in the same grade and with the same date of rank as the grade and date of rank which the officer would have held had the officer been serving on the active-duty list on the date of the appointment. **(f) Continuity of Existing Delegation of Presidential Appointment Functions.—** Except as otherwise provided by the President by Executive order, the provisions of Executive Order 13384 ([10 U.S.C. 531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section531&num=0&edition=prelim) note) relating to the functions of the President under [section 531(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section531/a&num=0&edition=prelim) shall apply in the same manner to functions of the President under [section 20201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20201&num=0&edition=prelim).

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

10 U.S.C. § 533 — Service credit upon original appointment as a commissioned officer

**(a)** (1) For the purpose of determining the grade and rank within grade of a person receiving an original appointment in a commissioned grade (other than a warrant officer grade) in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Space Force, such person shall be credited at the time of such appointment with any active commissioned service (other than service as a commissioned warrant officer) that he performed in any armed force, the National Oceanic and Atmospheric Administration, or the Public Health Service before such appointment. (2) The Secretary of Defense shall prescribe regulations, which shall apply uniformly among the Army, Navy, Air Force, Marine Corps, and Space Force, to authorize the Secretary of the military department concerned to limit the amount of prior active 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, the Secretary of the military department concerned shall credit a person who is receiving an original appointment in a commissioned grade (other than a commissioned warrant officer grade) in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Space Force and who has advanced education or training or special experience 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, designated, or assigned in officer categories requiring such advanced education or an advanced degree a

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 533

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

10 U.S.C. § 20201 — Original appointments: how made

**(a) In General.—** The provisions of [section 531 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section531&num=0&edition=prelim) shall apply to original appointments of commissioned officers in the Space Force. **(b) Grade Upon Appointment.—** (1) The grade of a person receiving an appointment under this section who at the time of appointment is credited with service under [section 20203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20203&num=0&edition=prelim) shall be determined under regulations prescribed by the Secretary of the Defense based upon the amount of service credited. (2) The grade of a person receiving an appointment under this section who at the time of the appointment is a commissioned officer of a reserve component shall be determined under [section 20203(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20203/e&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20201

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

10 U.S.C. § 531 — Original appointments of commissioned officers

**(a)** (1) Original appointments in the grades of second lieutenant, first lieutenant, and captain in the Regular Army, Regular Air Force, Regular Marine Corps, and Space Force, and in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy shall be made by the President alone. (2) Original appointments in the grades of major, lieutenant colonel, and colonel in the Regular Army, Regular Air Force, Regular Marine Corps, and Space Force, and in the grades of lieutenant commander, commander, and captain in the Regular Navy shall be made by the President, by and with the advice and consent of the Senate. **(b)** The grade of a person receiving an appointment under this section who at the time of appointment (1) is credited with service under [section 533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section533&num=0&edition=prelim), and (2) is not a commissioned officer of a reserve component shall be determined under regulations prescribed by the Secretary of Defense based upon the amount of service credited. The grade of a person receiving an appointment under this section who at the time of the appointment is a commissioned officer of a reserve component is determined under [section 533(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section533/f&num=0&edition=prelim). **(c)** Subject to the authority, direction, and control of the President, an original appointment as a commissioned officer in the Regular Army, Regular Air Force, Regular Navy, Regular Marine Corps, or Space Force may be made by the Secretary of Defense in the case of a reserve commissioned officer upon the transfer of such officer from the reserve active-status list of a reserve component of the

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 531

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

10 U.S.C. § 347 — International engagement authorities for service academies

**(a) Selection of Persons From Foreign Countries To Receive Instruction at Service Academies.—** (1) **Attendance authorized.—** (A) *In general.—* — The Secretary of each military department may permit persons from foreign countries to receive instruction at the Service Academy under the jurisdiction of the Secretary. Such persons shall be in addition to— (i) in the case of the United States Military Academy, the authorized strength of the Corps of the Cadets of the Academy under [section 7442 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7442&num=0&edition=prelim); (ii) in the case of the United States Naval Academy, the authorized strength of the Brigade of Midshipmen of the Academy under [section 8454 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8454&num=0&edition=prelim); and (iii) in the case of the United States Air Force Academy, the authorized strength of the Cadet Wing of the Academy under [section 9442 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9442&num=0&edition=prelim). (B) *Limitation on number.—* — The number of persons permitted to receive instruction at each Service Academy under this subsection may not be more than 80 at any one time. (2) **Determination of foreign countries from which persons may be selected.—** — The Secretary of a military department, upon approval by the Secretary of Defense, shall determine— (A) the countries from which persons may be selected for appointment under this subsection to the Service Academy under the jurisdiction of that Secretary; and (B) the number of persons that may be selected from each country. (3) **Qualifications and selection.—** — The Secret

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 347

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

10 U.S.C. § 20203 — Original appointments: service credit

Page 3808 TITLE 10—ARMED FORCES § 20109 § 20109. Policy for order to active duty based upon determination by Congress Whenever Congress determines that more units and organizations capable of conducting space operations are needed for the national se- curity than are available among those units comprised of members of the Space Force serv- ing on active duty, members of the Space Force not serving on active duty shall be ordered to active duty and retained as long as so needed. (Added Pub. L. 118–31, div. A, title XVII, § 1715, Dec. 22, 2023, 137 Stat. 631.) CHAPTER 2005—OFFICERS Subchapter Sec. I. Original Appointments .......................... 20201 II. Selection Boards .................................... 20211 III. Promotions ............................................ 20231 IV. Failure of Selection for Promotion and Involuntary Separation ..................... 20251 V. Continuation on Active Duty and Selec- tive Early Retirement; Other Provi- sions ................................................... 20261 Editorial Notes AMENDMENTS Pub. L. 118–31, div. A, title XVII, § 1716(a), (c), Dec. 22, 2023, 137 Stat. 631, 634, 638, 649, 653, added items for sub- chapters I to V. Amendments were made pursuant to operation of section 102 of this title. Amendment by section 1716(c) adding subchapters II to V to chapter ‘‘205’’ of this title was executed by adding items for subchapters II to V to the analysis for this chapter, which is chapter 2005, to reflect the probable intent of Congress. SUBCHAPTER I—ORIGINAL APPOINTMENTS Sec. 20201. Original appointments: how made. 20202. Original appointments: qualifications. 20203. Original appointments: service credit. Editorial Notes AMENDMENTS Pub. L. 118–31, div. A, title XVII, § 1716(a), Dec. 22,

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 20203

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

10 U.S.C. § 531 — Original appointments of commissioned of-

Page 558 TITLE 10—ARMED FORCES § 531 Director of CIA for Military Affairs’’ in heading and ‘‘Associate Director of Military Affairs, Central Intel- ligence Agency, or any successor position’’ for ‘‘Asso- ciate Director of the Central Intelligence Agency for Military Affairs’’ in text. 2008—Subsec. (c). Pub. L. 110–417 substituted ‘‘Mili- tary Affairs’’ for ‘‘Military Support’’ in heading and text. 2006—Pub. L. 109–364, § 501(b)(1), amended section catchline generally, substituting ‘‘Officers serving in certain intelligence positions: military status; exclu- sion from distribution and strength limitations; pay and allowances’’ for ‘‘Exclusion: officers serving in cer- tain intelligence positions’’. Pub. L. 109–163 amended section catchline and text generally. Prior to amendment, text read as follows: ‘‘(a) When none of the individuals serving in a posi- tion specified in subsection (b) is an officer of the armed forces, an officer of the armed forces assigned to the position of Associate Director of Central Intel- ligence for Military Support, while serving in that posi- tion, shall not be counted against the numbers and per- centages of officers of the grade of that officer author- ized for that officer’s armed force. ‘‘(b) The positions referred to in subsection (a) are the following: ‘‘(1) Director of Central Intelligence. ‘‘(2) Deputy Director of Central Intelligence. ‘‘(3) Deputy Director of Central Intelligence for Community Management.’’ Subsecs. (a), (b). Pub. L. 109–364, § 501(a)(1), added sub- secs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows: ‘‘(a) EXCLUSION OF OFFICER SERVING IN CERTAIN CIA POSITIONS.—When either of the individuals serving in a position specified in subsection (b) is an officer of the a

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 531

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