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10 U.S.C. § 12209 — Officer candidates: enlisted Reserves

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

10 U.S.C. § 12209 — Officer candidates: enlisted Reserves

**(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.

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Source file: Laws/federal/codes/united-states-code/title-10/section-12209-officer-candidates-enlisted-reserves--8ef2f807f0.md
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Source location: Title 10, Chapter 1205, § 12209; chapter-1205-appointment-of-reserve-officers.md

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

10 U.S.C. § 113 — Secretary of Defense

**(a)** (1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (2) A person may not be appointed as Secretary of Defense— (A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or (B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above. **(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense. **(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with— (1) a report from each military department on the expenditures, work, and accomplishments of that department; (2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and (3) such recommendations as he considers appropriate. **(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113

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

10 U.S.C. § 16401 — Marine Corps Platoon Leaders Class: college tuition assistance program

**(a) Authority.—** The Secretary of the Navy may provide financial assistance to an eligible member of the Marine Corps Reserve for expenses of the member while the member is pursuing on a full-time basis at an institution of higher education a program of education approved by the Secretary that leads to— (1) a baccalaureate degree in less than five academic years; or (2) a doctor of jurisprudence or bachelor of laws degree in not more than four academic years. **(b) Eligibility.—** (1) To be eligible for financial assistance under this section, a member of the Marine Corps Reserve must— (A) be a member of the Marine Corps Platoon Leaders Class program and have successfully completed one six-week (or longer) increment of military training required under that program; (B) be enrolled on a full-time basis in a program of education referred to in subsection (a) at any institution of higher education; and (C) enter into a written agreement with the Secretary described in paragraph (2). (2) A written agreement referred to in paragraph (1)(C) is an agreement between the member and the Secretary in which the member agrees— (A) to accept an appointment as a commissioned officer in the Marine Corps, if tendered by the President; (B) to serve on active duty for at least five years; and (C) under such terms and conditions as shall be prescribed by the Secretary, to serve in the Marine Corps Reserve until the eighth anniversary of the date of the appointment. **(c) Covered Expenses.—** Expenses for which financial assistance may be provided under this section are— (1) tuition and fees charged by the institution of higher education involved; (2) the cost of books; and (3) in the case of a program of education leading to a baccalaureate degree, laboratory

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 16401

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

14 U.S.C. § 3705 — Benefits

**(a)** A member of the Reserve on active duty, on inactive-duty training, or engaged in authorized travel to or from that duty, is entitled to the same benefits as a member of the Navy Reserve of corresponding grade, rating, and length of service. In determining length of service for the purpose of this section, there shall be included all service for which credit is given by law to members of the Regular Coast Guard. **(b)** Chapter 27 of this title applies to a member of the Reserve under the same conditions and limitations as it applies to a member of the Regular Coast Guard. **(c)** A member of the Reserve who suffers sickness, disease, disability, or death is entitled to the same benefits as prescribed by law for a member of the Navy Reserve who suffers sickness, disease, disability, or death under similar conditions. **(d)** A member of the Reserve on active duty or when retired for disability is entitled to the benefits of [section 253(a) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section253/a&num=0&edition=prelim). A member of the Reserve when on active duty (other than for training) or when retired for disability is entitled to the benefits of chapter 55 of title 10. **(e)** A member of the Reserve, except an enlisted member retiring on the basis of years of active service, is entitled to the same retirement rights, benefits, and privileges as prescribed by law for a member of the Navy Reserve, and wherever a law confers authority upon the Secretary of the Navy, similar authority is given to the Secretary to be exercised with respect to the Coast Guard when the Coast Guard is not operating as a service in the Navy. An enlisted member of the Reserve who retires on the basis of years of active service is entitled to the

Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 3705

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

37 U.S.C. § 205 — Computation: service creditable

**(a)** Subject to subsections (b) and (c), for the purpose of computing the basic pay of a member of a uniformed service, his years of service are computed by adding— (1) all periods of active service as an officer, Army field clerk, flight officer, aviation midshipman, or enlisted member of a uniformed service; (2) all periods during which he was enlisted or held an appointment as an officer, Army field clerk, or flight officer of— (A) a regular component of a uniformed service; (B) a reserve component of a uniformed service; (C) the Space Force; (D) the Regular Army Reserve; (E) the National Guard; (F) the National Guard Reserve; (G) the Naval Militia; (H) the National Naval Volunteers; (I) the Navy Reserve Force; (J) the Army without specification of component; (K) the Air Force without specification of component; (L) the Marine Corps Reserve Force; (M) the Philippine Scouts; or (N) the Philippine Constabulary; (3) for a commissioned officer in service on June 30, 1922, all service that was then counted in computing longevity pay and all service as a contract surgeon serving full time; (4) all periods during which he held an appointment as a nurse, reserve nurse, or commissioned officer in the Army Nurse Corps as it existed at any time before April 16, 1947, the Navy Nurse Corps as it existed at any time before April 16, 1947, or the Public Health Service, or a reserve component of any of them; (5) all periods during which he was a deck officer or junior engineer in the National Oceanic and Atmospheric Administration; (6) all periods that, under law in effect on January 10, 1962, were authorized to be credited in computing basic pay; and (7) all periods while— (A) on a temporary disability retired list, honorary re

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 205

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

50 U.S.C. § 941 to 956 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### 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

50 U.S.C. § 971 to 975 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### Statutory Notes Section 971, act July 9, 1952, ch. 608, pt. II, § 240, 66 Stat. 492, provided for active duty with or without pay. See [section 12315 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12315&num=0&edition=prelim), Armed Forces. Section 972, act July 9, 1952, ch. 608, pt. II, § 241, 66 Stat. 492, related to pay and allowances of persons retained beyond the term of service. See [section 12315 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12315&num=0&edition=prelim). Section 973, act July 9, 1952, ch. 608, pt. II, § 242, 66 Stat. 492, related to pay for officer candidates. See [section 12209 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12209&num=0&edition=prelim). Section 974, act July 9, 1952, ch. 608, pt. II, § 243, 66 Stat. 492, related to uniform allowances. See sections 415 to 419 of Title 37, Pay and Allowances of the Uniformed Services. Section 975, act July 9, 1952, ch. 608, pt. II, § 245, 66 Stat. 494, provided for continuation of existing benefits.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 971 to 975

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

10 U.S.C. § 12209 — Officer candidates: enlisted Reserves

Page 3652 TITLE 10—ARMED FORCES § 12208 2017—Subsec. (a)(2). Pub. L. 115–91, § 512(a)(1), inserted ‘‘or (e)’’ after ‘‘subsection (b)’’. Subsec. (e). Pub. L. 115–91, § 512(a)(3), added subsec. (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 115–91, § 512(a)(2), (4), redesignated subsec. (e) as (f) and substituted ‘‘, (d), or (e)’’ for ‘‘or (d)’’. Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 115–91, § 512(a)(2), redesignated subsec. (f) as (g). 2008—Subsec. (b)(2). Pub. L. 110–181, § 512(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘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 re- ceiving an original appointment for service as a med- ical or dental officer with a period of constructive cred- it 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 Navy Reserve, lieutenant.’’ Subsec. (b)(3). Pub. L. 110–181, § 512(b), substituted ‘‘officers covered by paragraph (2)’’ for ‘‘a medical or dental officer’’. 2006—Subsec. (b)(2). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. 1994—Pub. L. 103–337, § 1662(c)(2), renumbered section 596b of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–33

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12209

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