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Title 10 — Armed ForcesRelease 119-73

§603 Appointments in time of war or national emergency

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 35— - TEMPORARY APPOINTMENTS IN OFFICER GRADES › § 603

Last updated Apr 6, 2026|Official source

Summary

The President can put any qualified person into an officer rank in the Army, Navy, Air Force, Marine Corps, or Space Force during a war or a national emergency declared by Congress or the President after November 30, 1980. The appointment cannot be higher than major general or rear admiral. The President makes these appointments alone, except a W–1 warrant officer must be appointed by the department Secretary as a warrant. These appointments are temporary and the President can end them at any time. A person appointed this way gets service credit as allowed under section 533 of this title. If the person is not on active duty, the appointment starts when they begin active duty. The temporary appointment does not change a member’s permanent status or reduce the pay and allowances they already had. An officer is treated as having accepted the promotion on the date the order is issued unless they refuse it. An officer who has served continuously since taking the oath in 5 U.S.C. 3331 does not need to take a new oath. Unless ended earlier, the appointment ends on the earliest of: two years after appointment; six months after the final day of the war or emergency when the appointment was made; or the date the person leaves active duty.

Full Legal Text

Title 10, §603

Armed Forces — Source: USLM XML via OLRC

(a)In time of war, or of national emergency declared by the Congress or the President after November 30, 1980, the President may appoint any qualified person (whether or not already a member of the armed forces) to any officer grade in the Army, Navy, Air Force, Marine Corps, or Space Force, except that appointments under this section may not be made in grades above major general or rear admiral. Appointments under this section shall be made by the President alone, except that an appointment in the grade warrant officer, W–1, shall be made by warrant by the Secretary concerned.
(b)Any appointment under this section is a temporary appointment and may be vacated by the President at any time.
(c)(1)Any person receiving an original appointment under this section is entitled to service credit as authorized under section 533 of this title.
(2)An appointment under this section of a person who is not on active duty becomes effective when that person begins active duty under that appointment.
(d)An appointment under this section does not change the permanent status of a member of the armed forces so appointed. A member who is appointed under this section shall not incur any reduction in the pay and allowances to which the member was entitled, by virtue of his permanent status, at the time of his appointment under this section.
(e)(1)An officer who receives an appointment to a higher grade under this section is considered to have accepted such appointment on the date of the order announcing the appointment unless he expressly declines the appointment.
(2)An officer who has served continuously since he subscribed to the oath of office prescribed in section 3331 of title 5 is not required to take a new oath upon appointment to a higher grade under this section.
(f)Unless sooner terminated, an appointment under this section terminates on the earliest of the following:
(1)The second anniversary of the appointment.
(2)The end of the six-month period beginning on the last day of the war or national emergency during which the appointment was made.
(3)The date the person appointed is released from active duty.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps”. 1991—Pub. L. 102–190, § 1113(d)(1)(A), substituted “Appointments in time of war or national emergency” for “Commissioned officer grades: time of war or national emergency” in section catchline. Subsec. (a). Pub. L. 102–190, § 1113(b), struck out “commissioned” before “officer grade in the Army” and “in warrant officer grades or” before “in grades above major general” and inserted before period at end “, except that an appointment in the grade warrant officer, W–1, shall be made by warrant by the Secretary concerned”. 1989—Subsec. (f). Pub. L. 101–189 substituted “terminates on the earliest of the following:” for “terminates—” in introductory provisions, and made numerous

Amendments

to style and punctuation. Prior to amendment, subsec. (f) read as follows: “Unless sooner terminated, an appointment under this section terminates— “(1) on the second anniversary of the appointment; “(2) at the end of the six-month period beginning on the last day of the war or national emergency during which the appointment was made; or “(3) on the date the person appointed is released from active duty; whichever is earliest.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1991 AmendmentAmendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title.

Effective Date

Section effective Sept. 15, 1981, but the authority to prescribe

Regulations

under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an

Effective Date

of 1980 Amendment note under section 101 of this title.

Executive Documents

Delegation of Functions Functions of President under subsecs. (a) and (b) to make or vacate certain temporary commissioned appointments delegated to Secretary of Defense to perform during a time of war or national emergency, without approval, ratification, or other action by President, and with authority for Secretary to redelegate, provided that, during a national emergency declared by President, exercise of any such authority be specifically directed by President in accordance with section 1631 of Title 50, War and National Defense, and that Secretary ensure any authority so delegated be accounted for as required by section 1641 of Title 50, see Ex. Ord. No. 12396, §§ 2, 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note under section 301 of Title 3, The President. Ex. Ord. No. 13321. Appointments During National Emergency Ex. Ord. No. 13321, Dec. 17, 2003, 68 F.R. 74465, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, and in order to further respond to the national emergency I declared in Proclamation 7463 of
September 14, 2001 [50 U.S.C. 1621 note], I hereby order as follows: section 1. Emergency Appointments Authority. The emergency appointments authority at section 603 of title 10, United States Code, is invoked and made available to the Secretary of Defense in accordance with the terms of that statute and of Executive Order 12396 of
December 9, 1982 [3 U.S.C. 301 note]. Sec. 2. Judicial Review. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, entities, officers, employees or agents, or any person. Sec. 3. Administration. This order shall be transmitted to the Congress and published in the Federal Register. George W. Bush.

Reference

Citations & Metadata

Citation

10 U.S.C. § 603

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73