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10 U.S.C. § 12241 — Warrant officers: grades; appointment, how made; term
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The permanent reserve warrant officer grades in each armed force are those prescribed for regular warrant officers by [section 571(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section571/a&num=0&edition=prelim).
**(b)** Appointments in permanent reserve warrant officer grades shall be made in the same manner as is prescribed for regular warrant officer grades by [section 571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section571/b&num=0&edition=prelim).
**(c)** Appointments as Reserves in permanent warrant officer grades are for an indefinite term and are held during the pleasure of the Secretary concerned.
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Stable record: federal_law:legal_authorities:record_usc_3dec0c9b8d5ef2e672ebd7eb
Source file: Laws/federal/codes/united-states-code/title-10/section-12241-warrant-officers-grades-appointment-how-made-term--696738dc6c.md
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Source location: Title 10, Chapter 1207, § 12241; chapter-1207-warrant-officers.md
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**(a)** The permanent reserve warrant officer grades in each armed force are those prescribed for regular warrant officers by [section 571(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section571/a&num=0&edition=prelim).
**(b)** Appointments in permanent reserve warrant officer grades shall be made in the same manner as is prescribed for regular warrant officer grades by [section 571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section571/b&num=0&edition=prelim).
**(c)** Appointments as Reserves in permanent warrant officer grades are for an indefinite term and are held during the pleasure of the Secretary concerned.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever the needs of the services require, but at least once each fiscal year, the Secretary of Defense shall prescribe the total authorized active-duty strength as of the end of the fiscal year for officers in grades above chief warrant officer, W–5, for each of the armed forces under the jurisdiction of the Secretary of a military department.
**(b)** Under regulations prescribed by the Secretary of Defense, the Secretary of each military department may, for an armed force under his jurisdiction, prescribe the strength of any category of officers that may serve on active duty.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 521
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The President may appoint permanent commissioned officers in the Regular Coast Guard in grades appropriate to their qualification, experience, and length of service, as the needs of the Coast Guard may require, from among the following categories:
(A) Graduates of the Coast Guard Academy.
(B) Commissioned warrant officers, warrant officers, and enlisted members of the Regular Coast Guard.
(C) Members of the Coast Guard Reserve who have served at least 2 years as such.
(D) Licensed officers of the United States merchant marine who have served 2 or more years aboard a vessel of the United States in the capacity of a licensed officer.
(2) Original appointments under this section in the grades of lieutenant commander and above shall be made by the President by and with the advice and consent of the Senate.
(3) Original appointments under this section in the grades of ensign through lieutenant shall be made by the President alone.
**(b)** No individual shall be appointed a commissioned officer under this section until his mental, moral, physical, and professional fitness to perform the duties of a commissioned officer has been established under such regulations as the Secretary shall prescribe.
**(c)** Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in such grade. Appointees whose dates of commission are the same shall take precedence with each other as the Secretary shall determine.
**(d)** For the purposes of this section, the term “original”, with respect to the appointment of a member of the Coast Guard, refers to that member’s most recent appointment in the Coast Guard that is neither a promotion nor a demotion.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2101
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Federal law — U.S. Code and appendices · legal_authorities
**(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
### Statutory Notes
Section 941, acts July 9, 1952, ch. 608, pt. II, § 217, 66 Stat. 486; July 30, 1956, ch. 789, § 4(a), 70 Stat. 729, related to qualifications for appointments and enlistments in the Reserves. See sections 12102, 12201, and 12204 of Title 10, Armed Forces. Act July 30, 1956, ch. 789, § 4(a), 70 Stat. 729, was repealed by Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1570.
Section 942, act July 9, 1952, ch. 608, pt. II, § 218, 66 Stat. 487, authorized the President, by and with the advice and consent of the Senate, to make appointments to general or flag officer grade. See [section 12203 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12203&num=0&edition=prelim).
Section 943, act July 9, 1952, ch. 608, pt. II, § 219, 66 Stat. 487, authorized the President to make appointments in commissioned grades below general or flag officer grades. See [section 12203 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12203&num=0&edition=prelim).
Section 944, act July 9, 1952, ch. 608, pt. II, § 220, 66 Stat. 487, related to appointments in warrant officer grades. See [section 12241 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12241&num=0&edition=prelim).
Section 945, act July 9, 1952, ch. 608, pt. II, § 221, 66 Stat. 487, related to tenure of appointments of commissioned officers. See [section 12203 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12203&num=0&edition=prelim).
Section 946, act July 9, 1952, ch. 608, pt. II, § 222, 66 Stat. 487, provided for a common Federal appointment for officers. See [section 12201(a) of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 941 to 956
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Federal law — U.S. Code and appendices · legal_authorities
Page 3656
TITLE 10—ARMED FORCES
§ 12215
Editorial Notes
AMENDMENTS
1996—Pub. L. 104–106 inserted ‘‘the’’ after ‘‘National
Guard of’’ in section catchline.
1994—Pub. L. 103–337, § 1662(c)(3), renumbered section
8352 of this title as this section.
Subsec. (a). Pub. L. 103–337, § 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.
Statutory Notes and Related Subsidiaries
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.
§ 12215. Commissioned officers: reserve grade of
adjutants general and assistant adjutants
general
(a) The adjutant general or an assistant adju-
tant general of the Army National Guard of a
State may, upon being extended Federal rec-
ognition, be appointed as a reserve officer of the
Army as of the date on which he is so recog-
nized.
(b) The adjutant general or an assistant adju-
tant general of the Air National Guard of a
State may be appointed in the reserve commis-
sioned g
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12241
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