§12205 — Title 10 Armed Forces | U.S. Code

Summary

No one may be promoted or given a federal rank higher than first lieutenant in the Army Reserve, Air Force Reserve, or Marine Corps Reserve, or higher than lieutenant (junior grade) in the Navy Reserve, or be federally recognized above first lieutenant in the Army or Air National Guard, unless they have a bachelor’s degree from a qualifying school. There are several exceptions: people in certain health jobs if a bachelor’s is not required; Navy or Marine limited duty officers; Navy officers from the Naval Aviation Cadet or Seaman to Admiral programs; anyone who already held captain (or Navy lieutenant) before October 1, 1995; and people in the Alaska Army National Guard who live more than 50 miles by paved road from Anchorage, Fairbanks, and Juneau and serve in a Scout unit or a Scout-supporting unit. A qualifying school must be accredited or meet a special test. An unaccredited school can qualify if, at the year someone graduated, at least three accredited schools with ROTC usually give equivalent bachelor’s credit for its courses. Unaccredited schools must give yearly information to the Secretary of Defense to help decide this. If a person’s degree is from such an unaccredited qualifying school, it must have been awarded within eight years before the date they are to be made or recognized as a captain (or a Navy lieutenant). The Secretary of the Army or the Secretary of the Navy can grant a temporary, case-by-case waiver for certain officers (Army Officer Candidate School or Marine meritorious commissioning program). Any waiver can last no more than two years and can be applied retroactively if needed.

Title 10, §12205

Armed Forces — Source: USLM XML via OLRC

(a)No person may be appointed to a grade above the grade of first lieutenant in the Army Reserve, Air Force Reserve, or Marine Corps Reserve or to a grade above the grade of lieutenant (junior grade) in the Navy Reserve, or be federally recognized in a grade above the grade of first lieutenant as a member of the Army National Guard or Air National Guard, unless that person has been awarded a baccalaureate degree by a qualifying educational institution.

(b)Subsection (a) does not apply to the following:

(1)The appointment to or recognition in a higher grade of a person who is appointed in or assigned for service in a health profession for which a baccalaureate degree is not a condition of original appointment or assignment.

(2)The appointment in the Navy Reserve or Marine Corps Reserve of a person appointed for service as an officer designated as a limited duty officer.

(3)The appointment in the Navy Reserve of a person appointed for service under the Naval Aviation Cadet (NAVCAD) program or the Seaman to Admiral program.

(4)The appointment to or recognition in a higher grade of any person who was appointed to, or federally recognized in, the grade of captain or, in the case of the Navy, lieutenant before October 1, 1995.

(5)Recognition in the grade of captain or major in the Alaska Army National Guard of a person who resides permanently at a location in Alaska that is more than 50 miles from each of the cities of Anchorage, Fairbanks, and Juneau, Alaska, by paved road and who is serving in a Scout unit or a Scout supporting unit.

(c)(1)A qualifying educational institution for purposes of this section is an educational institution that is accredited or that meets the requirements of paragraph (2).

(2)(A)An unaccredited educational institution shall be considered to be a qualifying educational institution for purposes of the appointment or recognition of a person who is a graduate of that institution if the Secretary concerned determines that (as of the year of the graduation of that person from that institution) at least three educational institutions that are accredited and that maintain Reserve Officers’ Training Corps programs each generally grant baccalaureate degree credit for completion of courses of the unaccredited institution equivalent to the baccalaureate degree credit granted by the unaccredited institution for the completion of those courses.

(B)In order to assist the Secretary concerned in making determinations under subparagraph (A), any unaccredited institution that seeks to be considered to be a qualifying educational institution for purposes of this paragraph shall submit to the Secretary of Defense each year such information as the Secretary may require concerning the program of instruction at that institution.

(C)In the case of a person with a degree from an unaccredited institution that is a qualifying educational institution under this paragraph, the degree may not have been awarded more than eight years before the date on which the person is to be appointed to, or recognized in, the grade of captain or, in the case of the Navy Reserve, lieutenant, in order for that person to be considered for purposes of subsection (a) to have been awarded a baccalaureate degree by a qualifying educational institution.

(d)(1)The Secretary of the Army may waive the applicability of subsection (a) to any officer whose original appointment in the Army as a Reserve officer is through the Army Officer Candidate School program.

(2)The Secretary of the Navy may waive the applicability of subsection (a) to any officer whose original appointment in the Marine Corps as a Reserve officer is through the Marine Corps meritorious commissioning program.

(3)Any such waiver shall be made on a case-by-case basis, considering the individual circumstances of the officer involved, and may continue in effect for no more than two years after the waiver is granted. The Secretary concerned may provide for such a waiver to be effective before the date of the waiver, as appropriate in an individual case.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 102–190, div. A, title V, § 523, Dec. 5, 1991, 105 Stat. 1363, which was set out as a note under section 591 [now 12201] of this title, prior to repeal by Pub. L. 103–35, § 203(a).

Amendments

2006—Subsecs. (a), (b)(2), (3), (c)(2)(C). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”. 2001—Subsec. (d). Pub. L. 107–107 added subsec. (d). 1996—Subsec. (a). Pub. L. 104–201, § 1074(a)(22), substituted “No person” for “After September 30, 1995, no person”. Subsec. (b)(3). Pub. L. 104–201, § 505, inserted “or the Seaman to Admiral program” after “(NAVCAD) program”. Subsec. (c)(2)(C). Pub. L. 104–201, § 504, substituted “eight years” for “three years”. 1994—Pub. L. 103–337, § 1662(c)(2), renumbered section 596 of this title as this section. Subsec. (a). Pub. L. 103–337, § 519(1), substituted “a qualifying educational institution” for “an accredited educational institution”. Subsec. (b)(2), (3). Pub. L. 103–337, § 520(b), substituted “a person” for “an individual”. Subsec. (b)(5). Pub. L. 103–337, § 520(a), added par. (5). Subsec. (c). Pub. L. 103–337, § 519(2), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 2001 Amendment Pub. L. 107–107, div. A, title V, § 512(b), Dec. 28, 2001, 115 Stat. 1092, provided that: “Subsection (d) of section 12205 of title 10, United States Code, as added by subsection (a), shall apply with respect to officers appointed before, on, or after the date of the enactment of this Act [Dec. 28, 2001].” Authority for Temporary Waiver for Certain Army Reserve Officers of Baccalaureate Degree Requirement for Promotion of Reserve Officers Pub. L. 105–261, div. A, title V, § 516, Oct. 17, 1998, 112 Stat. 2008, provided that: “(a) Waiver Authority for Army OCS Graduates.—The Secretary of the Army may waive the applicability of section 12205(a) of title 10, United States Code, to any officer who before the date of the enactment of this Act [Oct. 17, 1998] was commissioned through the Army Officer Candidate School. Any such waiver shall be made on a case-by-case basis, considering the individual circumstances of the officer involved, and may continue in effect for no more than 2 years after the waiver is granted. The Secretary may provide for such a waiver to be effective before the date of the waiver, as appropriate in an individual case. “(b) Expiration of Authority.—A waiver under this section may not be granted after September 30, 2000.”

§12205 Commissioned officers: appointment; educational requirement