§12208 — Title 10 Armed Forces | U.S. Code

Summary

If a person would be transferred to a reserve under section 651 or the Military Selective Service Act (50 U.S.C. 3801 et seq.), and they qualify and are accepted, they may be appointed an officer in any armed force they choose and join that force’s programs. They cannot be made a Reserve of a different force without the consent of both Secretaries. Time in those programs counts toward the required service but cannot be counted more than once. They must finish the rest of their required service in the force of appointment or any later force they join. Existing appointment or enlistment terms, including earlier agreements, stay the same.

Title 10, §12208

Armed Forces — Source: USLM XML via OLRC

(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 Selective Service Act (50 U.S.C. 3801 et seq.), is entitled, if he is qualified and accepted, to be appointed as an officer of any armed force that he chooses and to participate in the programs authorized 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 appointed 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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 595(a) 595(b)50:929(a) (less 2d sentence, less applicability 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 applicability 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 permitted 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 parentheses). 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 complete classification of this Act to the Code, see

References 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 Military Selective Service Act (50 U.S.C. App. 451 et seq.)” for “section 451–473 of title 50, appendix” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

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.

§12208 Officers: appointment upon transfer

Summary

Title 10, §12208

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

References in Text

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata