10 U.S.C. § 12207 — Commissioned officers: service credit

Page 3650 TITLE 10—ARMED FORCES § 12207 sioned officer may, if otherwise qualified, be ap- pointed as a reserve officer of the Army, Navy, Air Force, or Marine Corps. A person so ap- pointed— (1) may be placed on the reserve active-sta- tus list of that armed force in the grade equiv- alent to the permanent regular or reserve grade, and in the same competitive category, in which the person previously served satisfac- torily on active duty or in an active status; and (2) may be credited for the purpose of deter- mining date of rank under section 741(d) of this title with service in grade equal to that held by that person when discharged or sepa- rated. (Added § 596a and renumbered § 12206, Pub. L. 103–337, div. A, title XVI, §§ 1633, 1662(c)(2), Oct. 5, 1994, 108 Stat. 2965, 2990.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–337, § 1662(c)(2), renumbered section 596a 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. 103–337, set out as a note under section 10001 of this title. § 12207. Commissioned officers: service credit upon original appointment (a)(1) For the purpose of determining the grade and the rank within grade of a person receiving an original appointment as a reserve commis- sioned officer (other than a commissioned war- rant officer) in the Army, Navy, Air Force, or Marine Corps, the person shall be credited at the time of the appointment with any commissioned service (other than service as a commissioned warrant officer) performed before such appoint- ment as a regular officer, or as a reserve officer in an active status, in any armed force, the Na- tional Oceanic and Atmospheric Administration, or the Public Health Service. (2) The Secretary of Defense shall prescribe regulations, which shall apply uniformly among the Army, Navy, Air Force, and Marine Corps, to authorize the Secretary of the military de- partment concerned to limit the amount of prior commissioned service with which a person re- ceiving 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 serv- ice under subsection (b) or (e). (b)(1) Under regulations prescribed by the Sec- retary of Defense, a person who is receiving an original appointment as a reserve commissioned officer (other than a commissioned warrant offi- cer) of the Army, Navy, Air Force, or Marine Corps, and who has special training or experi- ence, or advanced education (if applicable), shall be credited with constructive service for such education, training, or experience, as follows: (A) One year for each year of advanced edu- cation beyond the baccalaureate degree level, for persons appointed or designated in, or as- signed to, officer categories requiring such ad- vanced education or an advanced degree as a prerequisite for such appointment, designa- tion, or assignment. In determining the num- ber of years of constructive service to be cred- ited under this subparagraph to officers in any professional field, the Secretary concerned shall credit an officer with, but with not more than, the number of years of advanced edu- cation required by a majority of institutions that award degrees in that professional field for completion of the advanced education or award of the advanced degree. (B)(i) Credit for any period of advanced edu- cation in a health profession (other than medi- cine and dentistry) beyond the baccalaureate degree level which exceeds the basic education criteria for such appointment, designation, or assignment, if such advanced education will be directly used by the armed force concerned. (ii) Credit for experience in a health profes- sion (other than medicine or dentistry), if such experience will be directly used by the armed force concerned. (C) Additional credit of (i) not more than one year for internship or equivalent graduate medical, dental, or other formal health profes- sional training required by the armed forces, and (ii) not more than one year for each addi- tional year of such graduate-level training or experience creditable toward certification in a speciality required by the armed force con- cerned. (D) Additional credit as follows: (i) For special training or experience in a particular officer field as designated by the Secretary concerned, if such training or ex- perience is directly related to the oper- ational needs of the armed force concerned. (ii) During fiscal years 2021 through 2025, for advanced education in an officer field so designated, if such education is directly re- lated to the operational needs of the armed force concerned. (E) Additional credit for experience as a phy- sician or dentist, if appointed, assigned, or designated as a medical or dental officer. (2)(A) If the Secretary of Defense determines that the number of officers in a health profes- sion described in subparagraph (B) who are serv- ing 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 in such health profes- sion by such reserve component in such grades, the Secretary of Defense may authorize the Sec- retary of the military department concerned to credit any person who is receiving an original appointment as an officer for service in such health profession with a period of constructive credit in such amount (in addition to any amount credited such person under paragraph (1)) as will result in the grade of such person being that of captain or, in the case of the Navy Reserve, lieutenant. (B) The types of health professions referred to in subparagraph (A) include the following: (i) Any health profession performed by offi- cers in the Medical Corps of the Army or the Navy or by officers of the Air Force designated as a medical officer. Page 3651 TITLE 10—ARMED FORCES § 12207 (ii) Any health profession performed by offi- cers in the Dental Corps of the Army or the Navy or by officers of the Air Force designated as a dental officer. (iii) Any health profession performed by offi- cers in the Medical Service Corps of the Army or the Navy or by officers of the Air Force des- ignated as a medical service officer or bio- medical sciences officer. (iv) Any health profession performed by offi- cers in the Army Medical Specialist Corps. (v) Any health profession performed by offi- cers of the Nurse Corps of the Army or the Navy or by officers of the Air Force designated as a nurse. (vi) Any health profession performed by offi- cers in the Veterinary Corps of the Army or by officers designated as a veterinary officer. (3) The amount of constructive service credit credited to an officer under this subsection may not exceed the amount required in order for the officer to be eligible for an original appointment as a reserve officer of the Army, Air Force, or Marine Corps in the grade of colonel or as a re- serve officer of the Navy in the grade of captain. (4) Constructive service credited an officer under this subsection is in addition to any serv- ice credited that officer under subsection (a) and shall be credited at the time of the original ap- pointment of the officer or assignment to or des- ignation in an officer category in which ad- vanced education or training or special experi- ence is required. (c) Constructive service may not be credited under subsection (b) for education, training, or experience obtained while serving as a commis- sioned officer (other than a warrant officer) on active duty or in an active status. However, in the case of an officer who completes advanced education or receives an advanced degree while on active duty or in an active status and in less than the number of years normally required to complete such advanced education or receive such advanced degree, constructive service may, subject to regulations prescribed under sub- section (a)(2), be credited to the officer under subsection (b)(1)(A) to the extent that the num- ber of years normally required to complete such advanced education or receive such advanced de- gree exceeds the actual number of years in which such advanced education or degree is ob- tained by the officer. (d) If the Secretary of Defense determines that the number of qualified judge advocates serving on the active-duty list of the Army, Navy, Air Force, or Marine Corps in grades below lieuten- ant commander or major is critically below the number needed by that armed force in those grades, the Secretary of Defense may authorize the Secretary of the military department con- cerned to credit any person who is receiving an original appointment with a view to assignment to the Judge Advocate General’s Corps of the Army or appointment to the Judge Advocate General’s Corps of the Navy, or who is receiving an original appointment in the Air Force or Ma- rine Corps with a view to designation as a judge advocate, with a period of constructive service in such an 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, lieuten- ant, and the date of rank of such person being junior to that of all other officers of the same grade serving on the active-duty list. (e) Constructive service credited an officer under subsection (b) or (d) shall be used only for determining the officer’s— (1) initial grade as a reserve officer; (2) rank in grade; and (3) service in grade for promotion eligibility. (f) The grade and position on the reserve ac- tive-status list of a person receiving an appoint- ment as a reserve officer who at the time of ap- pointment is credited with service under this section shall be determined under regulations prescribed by the Secretary of Defense based upon the amount of service credited. (Added § 596b and renumbered § 12207, Pub. L. 103–337, div. A, title XVI, §§ 1634, 1662(c)(2), Oct. 5, 1994, 108 Stat. 2965, 2990; amended Pub. L. 109–163, div. A, title V, § 515(b)(1)(LL), Jan. 6, 2006, 119 Stat. 3234; Pub. L. 110–181, div. A, title V, § 512, Jan. 28, 2008, 122 Stat. 98; Pub. L. 115–91, div. A, title V, § 512(a), Dec. 12, 2017, 131 Stat. 1376; Pub. L. 115–232, div. A, title V, § 502(b), Aug. 13, 2018, 132 Stat. 1739; Pub. L. 116–283, div. A, title V, § 502(b), Jan. 1, 2021, 134 Stat. 3564.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3353, 5600, and 8353 of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (c)(1) and Pub. L. 104–106, § 1501(c)(26). AMENDMENTS 2021—Subsec. (b)(1). Pub. L. 116–283, § 502(b)(1), sub- stituted ‘‘and who has special training or experience, or advanced education (if applicable),’’ for ‘‘or a designa- tion in, or an assignment to, an officer category in which advanced education or training is required and who has advanced education or training,’’ in introduc- tory provisions. Amendment was executed to reflect the probable intent of Congress due to omission of words ‘‘by striking’’ in directory language. Subsec. (b)(1)(D). Pub. L. 116–283, § 502(b)(2), added subpar. (D) and struck out former subpar. (D) which read as follows: ‘‘Additional credit for special training or experience in a particular officer career field as des- ignated by the Secretary concerned, if such training or experience is directly related to the operational needs of the armed force concerned.’’ 2018—Subsec. (b)(1)(D). Pub. L. 115–232, § 502(b)(1)(A), added subpar. (D) and struck out former subpar. (D) which read as follows: ‘‘Additional credit, in unusual cases, based on special experience in a particular field.’’ Subsec. (b)(3). Pub. L. 115–232, § 502(b)(1)(B), added par. (3) and struck out former par. (3) which read as follows: ‘‘Except as authorized by the Secretary concerned in individual cases and under regulations prescribed by the Secretary of Defense in the case of officers covered by paragraph (2), the amount of constructive service credited an officer under this subsection may not ex- ceed the amount required in order for the officer to be eligible for an original appointment as a reserve officer of the Army, Air Force, or Marine Corps in the grade of major or as a reserve officer of the Navy in the grade of lieutenant commander.’’ Subsecs. (e) to (g). Pub. L. 115–232, § 502(b)(2), redesig- nated subsecs. (f) and (g) as (e) and (f), respectively, substituted ‘‘or (d)’’ for ‘‘, (d), or (e)’’ in introductory provisions of subsec. (e), and struck out former subsec. (e) which related to constructive service credited to commissioned officers with cyberspace-related experi- ence or advanced education in reserve active-status. 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. 103–337, set out as a note under section 10001 of this title. ANNUAL REPORT For provisions requiring submission to Congress of reports on the use of the authorities in subsec. (b)(1)(D) of this section, see section 502(c) of Pub. L. 116–283, set out as a note under section 533 of this title. § 12208. Officers: appointment upon transfer (a) A person who would otherwise be required to be transferred to a reserve component under section 651 of this title or under the Military Se- lective Service Act (50 U.S.C. 3801 et seq.), is en- titled, if he is qualified and accepted, to be ap- pointed as an officer of any armed force that he chooses and to participate in the programs au- thorized for that armed force. However, unless the two Secretaries concerned consent, he may not be appointed as a Reserve of an armed force other than that from which he is transferred. All periods of his participation shall be credited against the total period of service required of him under section 651 of this title or under the Military Selective Service Act (50 U.S.C. 3801 et seq.). However, no period may be credited more than once. (b) A person covered by subsection (a) shall perform the rest of his required term of service in the armed force in which he is so appointed or in any other armed force in which he is later ap- pointed or enlisted. (c) This section does not change any term of service under an appointment, enlistment, or agreement, including an agreement made before or at the time when the member entered upon a program authorized by an armed force. (Aug. 10, 1956, ch. 1041, 70A Stat. 25, § 595; Pub. L. 96–513, title V, § 511(17), Dec. 12, 1980, 94 Stat. 2921; renumbered § 12208, Pub. L. 103–337, div. A, title XVI, § 1662(c)(2), Oct. 5, 1994, 108 Stat. 2990; Pub. L. 114–328, div. A, title X, § 1081(b)(1)(A)(ix), Dec. 23, 2016, 130 Stat. 2418.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 595(a) ...... 595(b) ...... 50:929(a) (less 2d sen- tence, less applica- bility to enlistments). 50:929(a) (2d sentence, and less applicability to enlistments). July 9, 1952, ch. 608, § 209 (less applicability to enlistments), 66 Stat. 484. 595(c) ...... 50:929(b) (less applica- bility to enlistments). In subsection (a), the words ‘‘is entitled * * * to be appointed as an officer of any armed force that he chooses’’ are substituted for the words ‘‘shall be per- mitted to * * * accept an appointment in such armed force of the United States as he may elect’’. The last sentence is substituted for 50:929(a) (words within pa- rentheses). The words ‘‘of an armed force of the United States’’ are omitted as surplusage. In subsection (b), the word ‘‘rest’’ is substituted for the words ‘‘remaining period’’. The words ‘‘be required to’’ are omitted as surplusage. In subsection (c), the words ‘‘This section does not’’ are substituted for the words ‘‘Nothing in this section shall be construed’’. The word ‘‘change’’ is substituted for the words ‘‘reduce, limit, or modify’’. The words ‘‘which any person may undertake to perform’’ are omitted as surplusage. Editorial Notes REFERENCES IN TEXT The Military Selective Service Act, referred to in subsec. (a), is title I of act June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to chapter 49 (§ 3801 et seq.) of Title 50, War and National Defense. For com- plete classification of this Act to the Code, see Ref- erences in Text note set out under section 3801 of Title 50 and Tables. AMENDMENTS 2016—Subsec. (a). Pub. L. 114–328 substituted ‘‘(50 U.S.C. 3801 et seq.)’’ for ‘‘(50 U.S.C. App. 451 et seq.)’’ in two places. 1994—Pub. L. 103–337 renumbered section 595 of this title as this section. 1980—Subsec. (a). Pub. L. 96–513 substituted ‘‘the Mili- tary Selective Service Act (50 U.S.C. App. 451 et seq.)’’ for ‘‘sections 451–473 of title 50, appendix’’ wherever ap- pearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. § 12209. Officer candidates: enlisted Reserves (a) Within such numbers as the Secretary con- cerned 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 author- ity of the jurisdiction concerned consents.