10 U.S.C. § 12202 — Commissioned officer grades

Page 3647 TITLE 10—ARMED FORCES § 12203 Corps Reserve or to the grade of ensign in the Navy Re- serve, 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 mili- tary department concerned shall give preference to per- sons who have completed a post-secondary program of education pursued under a ROTC scholarship program at a college or university accredited to award bacca- laureate degrees or pursued under a ROTC scholarship program at an accredited two-year or four-year mili- tary college.’’ REPORT ON INITIAL APPOINTMENT OF ALL OFFICERS AS RESERVE OFFICERS AND ON APPROPRIATE ACTIVE DUTY OBLIGATION OF GRADUATES OF SERVICE ACAD- EMIES Pub. L. 101–510, div. A, title V, § 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 commis- sioned as officers in the Army, Navy, Air Force, or Ma- rine Corps as Reserve officers, and the appropriate ac- tive 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 per- sons 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 per- sons 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 Pub. L. 100–180, div. A, title VII, § 718(b), Dec. 4, 1987, 101 Stat. 1115, 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].’’ § 12202. Commissioned officer grades 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. (Added Pub. L. 85–861, § 1(10)(B), Sept. 2, 1958, 72 Stat. 1440, § 592; renumbered § 12202, Pub. L. 103–337, div. A, title XVI, § 1662(c)(2), Oct. 5, 1994, 108 Stat. 2990.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 592 .......... 50:1181(1) (as applicable to 50:1201). 50:1201. Sept. 3, 1954, ch. 1257, §§ 102(1) (as applicable to § 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. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 renumbered section 592 of this title as this section. § 12203. Commissioned officers: appointment, how made; term (a) Appointments of reserve officers in com- missioned grades of lieutenant colonel and com- mander or below, except commissioned warrant officer, shall be made by the President alone. Appointments of reserve officers in commis- sioned grades above lieutenant colonel and com- mander shall be made by the President, by and with the advice and consent of the Senate, ex- cept as provided in section 624, 12213, or 12214 of this title. (b) Subject to the authority, direction, and control of the President, the Secretary of De- fense may appoint as a reserve commissioned of- ficer any regular officer transferred from the ac- tive-duty list of an armed force to the reserve active-status list of a reserve component under section 647 of this title, notwithstanding the re- quirements of subsection (a). (c) Appointments of Reserves in commissioned grades are for an indefinite term and are held during the pleasure of the President. (Aug. 10, 1956, ch. 1041, 70A Stat. 25, § 593; Pub. L. 85–861, § 1(10)(C), Sept. 2, 1958, 72 Stat. 1440; Pub. L. 92–129, title VI, § 601, Sept. 28, 1971, 85 Stat. 361; Pub. L. 96–513, title V, § 501(7), Dec. 12, 1980, 94 Stat. 2907; renumbered § 12203 and amended Pub. L. 103–337, div. A, title XVI, §§ 1632, 1662(c)(2), 1675(b)(1), Oct. 5, 1994, 108 Stat. 2965, 2990, 3017; Pub. L. 104–106, div. A, title XV, § 1501(a)(6), Feb. 10, 1996, 110 Stat. 495; Pub. L. 108–375, div. A, title V, § 501(c)(4), Oct. 28, 2004, 118 Stat. 1874; Pub. L. 111–383, div. A, title X, § 1075(b)(54), Jan. 7, 2011, 124 Stat. 4372; Pub. L. 116–92, div. A, title V, § 501(b), Dec. 20, 2019, 133 Stat. 1343.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 593(a) ...... 593(b) ...... 50:942. 50:943. 50:945. 50:948 (less 3d and 4th sentences, as applica- ble to commissioned officers). July 9, 1952, ch. 608, §§ 218, 219, 221, 224 (less 3d and 4th sentences, as applicable to com- missioned officers), 66 Stat. 487. In subsection (a), the word ‘‘alone’’ is inserted for clarity. The exception as to commissioned warrant offi- cers 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. Editorial Notes AMENDMENTS 2019—Subsec. (b). Pub. L. 116–92 substituted ‘‘the Sec- retary of Defense’’ for ‘‘the Secretary concerned’’. 2011—Subsec. (a). Pub. L. 111–383 substituted ‘‘of’’ for ‘‘above’’ in first sentence.