§12201 Reserve officers: qualifications for appointment

The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see

note set out under section 1101 of Title 8 and Tables.

2011—Subsec. (a)(2). Pub. L. 111–383 substituted “If an officer is transferred from the active-duty list of an armed force to a reserve active-status list of an armed force in accordance with

prescribed by the Secretary of Defense, the officer” for “An officer transferred from the active-duty list of an armed force to a reserve active-status list of an armed force under section 647 of this title”. 2004—Subsec. (a). Pub. L. 108–375 designated existing provisions as par. (1), inserted “, except as provided in paragraph (2),” after “the armed force concerned and”, and added par. (2). 1996—Pub. L. 104–106, § 1501(b)(11), substituted “Reserve officers: qualifications for appointment” for “Reserve components: qualifications” as section catchline. Subsecs. (c) to (e). Pub. L. 104–106, § 1501(a)(5)(B), made technical correction to directory language of Pub. L. 103–337, § 1631(b). See 1994 Amendment note below. 1994—Pub. L. 103–337, § 1662(c)(2), renumbered section 591 of this title as this section. Subsecs. (c) to (e). Pub. L. 103–337, § 1631(b), as amended by Pub. L. 104–106, § 1501(a)(5)(B), redesignated subsecs. (d) and (e) as (c) and (d), respectively, and struck out former subsec. (c) which read as follows: “Women may be appointed as Reserves of the armed forces for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, and Coast Guard Reserve. Women who are otherwise qualified may be appointed as Reserves of the armed forces with a view to serving in the Army National Guard of the United States or the Air National Guard of the United States. Women are appointed in grades corresponding to the grades authorized for female officers of the regular component of the armed force concerned. Any female former officer of an armed force may, if otherwise qualified, be appointed as a Reserve of that armed force in the highest grade in which she previously served satisfactorily on active duty (other than for training).” 1987—Subsec. (e). Pub. L. 100–180 added subsec. (e). 1980—Subsec. (b). Pub. L. 96–513 substituted “the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)” for “chapter 12 of title 8”, and struck out reference to section 454(i)(7) of title 50, appendix. 1967—Subsec. (c). Pub. L. 90–130 struck out provision limiting areas of service of women in Army National Guard of the United States and Air National Guard of the United States to service as nurses or medical specialists. 1966—Subsec. (a). Pub. L. 89–718 substituted “3331” for “16”. 1963—Subsec. (b) (1). Pub. L. 88–236 substituted “he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under chapter 12 of title 8” for “he is, or has made a declaration of intention to become, a citizen of the United States or of a possession thereof”. 1958—Subsec. (c). Pub. L. 85–861 permitted appointment of women as Reserves of armed forces with a view to serving as nurses or medical specialists in Army National Guard of the United States or Air National Guard of the United States.

of 2004 AmendmentAmendment by Pub. L. 108–375 effective on the first day of the first month beginning more than 180 days after Oct. 28, 2004, see section 501(g) of Pub. L. 108–375, set out as a note under section 531 of this title.

of 1996 AmendmentAmendment 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.

of 1994 AmendmentAmendment by section 1631(b) of Pub. L. 103–337 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.

of 1980 AmendmentAmendment 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. Baccalaureate Degree Required for Appointment or Promotion of Reserve Component Officers to Grades Above First Lieutenant or Lieutenant (Junior Grade)Pub. L. 102–190, div. A, title V, § 523, Dec. 5, 1991, 105 Stat. 1363, provided that after Sept. 30, 1995, no person could be appointed to a grade above grade of first lieutenant in Army Reserve, Air Force Reserve, or Marine Corps Reserve or to a grade above grade of lieutenant (junior grade) in Naval Reserve, or be federally recognized in a grade above grade of first lieutenant as a member of Army National Guard or Air National Guard, unless that person had been awarded a baccalaureate degree by an accredited educational institution, prior to repeal by Pub. L. 103–35, title II, § 203(a), May 31, 1993, 107 Stat. 102. See section 12205 of this title. Priority in Making Original Appointments in Guard and Reserve Components for ROTC Scholarship Program Graduates Pub. L. 102–190, div. A, title V, § 524, Dec. 5, 1991, 105 Stat. 1363, as amended by Pub. L. 109–163, div. A, title V, § 515(h), Jan. 6, 2006, 119 Stat. 3237, provided that: “In making appointments of persons as second lieutenants in the Army Reserve, Air Force Reserve, or Marine Corps Reserve or to the grade of ensign in the Navy Reserve, 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 military department concerned shall give preference to persons who have completed a post-secondary program of education pursued under a ROTC scholarship program at a college or university accredited to award baccalaureate degrees or pursued under a ROTC scholarship program at an accredited two-year or four-year military college.” Report on Initial Appointment of All Officers as Reserve Officers and on Appropriate Active Duty Obligation of Graduates of Service Academies 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 commissioned as officers in the Army, Navy, Air Force, or Marine Corps as Reserve officers, and the appropriate active 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 persons 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 persons entering the service academies after that date would incur an obligation to serve on active duty for a period of five years. Deadline for

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

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].”