§12209 — Title 10 Armed Forces | U.S. Code

Summary

Enlisted Reserve members can be chosen, with their consent, to train as officer candidates, but only up to the number the Secretary allows. If a member of the Army or Air National Guard is to be chosen, they must be on active duty or have the governor or other proper state authority agree. When picked as an officer candidate, their enlistment is extended to cover the training time past the original end date. While on active duty (not counting unpaid training duty or travel to it), they get their enlisted pay and benefits, but never less than pay grade E-2. They may not take part in any ROTC program.

Title 10, §12209

Armed Forces — Source: USLM XML via OLRC

(a)Within such numbers as the Secretary concerned may prescribe, enlisted Reserves may, with their consent, be selected for training as officer candidates. Enlisted Reserves so selected shall be designated as officer candidates during that training. However, no member of the Army National Guard of the United States or the Air National Guard of the United States may be so selected or designated unless—

(1)he is on active duty; or

(2)the governor or other appropriate authority of the jurisdiction concerned consents.

(b)The enlistment or term of service of a Reserve who is designated as an officer candidate under this section is extended to include any period, beyond its normal expiration date, during which he is an officer candidate.

(c)While he is on active duty, other than active duty for training without pay, or performing authorized travel to and from that duty, an officer candidate designated under this section is entitled to the pay and allowances of his enlisted grade, but not less than those prescribed for pay grade E–2.

(d)An officer candidate designated under this section may not participate in the program of a reserve officer training corps of any armed force.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 600(a)600(b)600(c)600(d)50:935(a).50:954(a).50:973.50:954(b).July 9, 1952, ch. 608, §§ 215(a), 230, 242, 66 Stat. 486, 489, 492. In subsection (a), the words “who is not in active Federal service” are substituted for the words “when not in the active military service of the United States”. The word “during” is substituted for the words “for the period of”. In subsection (c), the words “active duty other than active duty for training without pay” are substituted for the words “active duty or active duty for training with pay”. The words “enlisted members of the reserve components designated as”, “enlisted”, and “under the Career Compensation Act of 1949, as amended” are omitted as surplusage.

Editorial Notes

Amendments

1996—Pub. L. 104–106 substituted “candidates: enlisted Reserves” for “candidates” in section catchline. 1994—Pub. L. 103–337 renumbered section 600 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

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.

§12209 Officer Candidates: Enlisted Reserves