Title 10, Armed ForcesRelease 119-73not60
§12204 Commissioned Officers: Original Appointment; Limitation
Title 10 › Subtitle Subtitle E— Reserve Components › Part II— PERSONNEL GENERALLY › Chapter 1205— APPOINTMENT OF RESERVE OFFICERS › § 12204
Summary
No one can be a Reserve officer above major (or lieutenant commander) unless they were a commissioned officer before or a board the Secretary calls approves it. The rule does not apply to adjutants general and assistant adjutants general of the States, Puerto Rico, and D.C.
Full Legal Text
Title 10, §12204
Armed Forces, Source: USLM XML via OLRC
(a)No person may be appointed as a Reserve in a commissioned grade above major or lieutenant commander, unless—
(1)he was formerly a commissioned officer of an armed force; or
(2)such an appointment is recommended by a board of officers convened by the Secretary concerned.
(b)This section does not apply to adjutants general and assistant adjutants general of the several States, Puerto Rico, and the District of Columbia.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 594(a)50:941(c) (less 1st 21 words).July 9, 1952, ch. 608 § 217(c), 66 Stat. 487. 594(b)50:941(c) (1st 21 words). In subsection (a), the words “unless * * * he was formerly” are substituted for the words “has not held an appointment as”. The words “or any component thereof” are omitted as surplusage.
Editorial Notes
Amendments
2006—Subsec. (b). Pub. L. 109–163 struck out “and Territories” after “States”. 1994—Pub. L. 103–337 renumbered section 594 of this title as this section. 1988—Subsec. (b). Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.
Reference
Citations & Metadata
Citation
10 U.S.C. § 12204
Title 10, Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60