10 U.S.C. § 12204

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 12204 - Commissioned officers: original appointment; limitation

(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.

10 U.S.C. § 12204

Aug. 10, 1956, ch. 1041, 70A Stat. 25, §594; Pub. L. 100-456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; renumbered §12204, Pub. L. 103-337, div. A, title XVI, §1662(c)(2), Oct. 5, 1994, 108 Stat. 2990; Pub. L. 109-163, div. A, title X, §1057(a)(2), Jan. 6, 2006, 119 Stat. 3440.

HISTORICAL AND REVISION NOTE
Revised section	Source (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

AMENDMENTS2006-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,".

Secretary concerned: The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
commissioned officer: The term "commissioned officer" includes a commissioned warrant officer.
grade: The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.