10 U.S.C. § 12201 — Reserve officers: qualifications for appointment

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 392 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets rules for becoming a reserve military officer. Appointees must be at least 18, a citizen or legal resident, and meet grade and oath requirements. For critical wartime health jobs, the maximum starting age can't be less than 47.

This section has four lettered parts, (a) through (d). (a) To become a reserve officer, a person must be appointed to a grade that matches the grades used in the regular component of that armed force, and must generally take the oath required by section 3331 of title 5. To become an officer in the Army National Guard or Air National Guard, the person first has to be appointed to, and federally recognized in, that same grade in their state's Guard. There's one exception: an officer who transfers from the active-duty list to a reserve active-status list, under Defense Department regulations, doesn't have to retake that oath to qualify. (b) The Secretary in charge of each armed force sets the physical, mental, moral, professional, and age qualifications for becoming a Reserve. But no one can be appointed as a Reserve unless they're at least 18 years old, and either a U.S. citizen or someone lawfully admitted for permanent residence, or someone who has already served in the armed forces or the National Security Training Corps. (c) Someone who is otherwise qualified but has a physical defect can still be appointed as a Reserve, as long as the Secretary decides that defect won't get in the way of the duties they'll be assigned. (d) When setting age limits, the Secretary can't set a maximum age for a first-time Reserve appointment below 47 years old, for a health profession specialty the Secretary has designated as critically needed in wartime.

the actual law source: uscode.house.gov ↗public domain

(a)

(1)

To become an officer of a reserve component a person must be appointed as a Reserve of an armed force in a grade corresponding to a grade authorized for the regular component of the armed force concerned and, except as provided in paragraph (2), subscribe to the oath prescribed by section 3331 of title 5. In addition, to become an officer of the Army National Guard of the United States or the Air National Guard of the United States, he must first be appointed to, and be federally recognized in, the same grade in the Army National Guard or the Air National Guard, as the case may be.

(2)

If an officer is transferred from the active-duty list of an armed force to a reserve active-status list of an armed force in accordance with regulations prescribed by the Secretary of Defense, the officer is not required to subscribe to the oath referred to in paragraph (1) in order to qualify for an appointment under that paragraph.

(b)

Except as otherwise provided by law, the Secretary concerned shall prescribe physical, mental, moral, professional, and age qualifications for the appointment of persons as Reserves of the armed forces under his jurisdiction. However, no person may be appointed as a Reserve unless he is at least 18 years of age and—

(1)

he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or

(2)

he has previously served in the armed forces or in the National Security Training Corps.

(c)

A person who is otherwise qualified, but who has a physical defect that the Secretary concerned determines will not interfere with the performance of the duties to which that person may be assigned, may be appointed as a Reserve of any armed force under the jurisdiction of that Secretary.

(d)

In prescribing age qualifications under subsection (b) for the appointment of persons as Reserves of the armed forces under his jurisdiction, the Secretary concerned may not prescribe a maximum age qualification of less than 47 years of age for the initial appointment of a person as a Reserve to serve in a health profession specialty which has been designated by the Secretary concerned as a specialty critically needed in wartime.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 24, § 591; Pub. L. 85–861, § 1(10)(A), Sept. 2, 1958, 72 Stat. 1440; Pub. L. 88–236, Dec. 23, 1963, 77 Stat. 474; Pub. L. 89–718, § 4, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 90–130, § 1(3), Nov. 8, 1967, 81 Stat. 374; Pub. L. 96–513, title V § 511(16), Dec. 12, 1980, 94 Stat. 2921; Pub. L. 100–180, div. A, title VII, § 718(a), Dec. 4, 1987, 101 Stat. 1115; renumbered § 12201 and amended Pub. L. 103–337, div. A, title XVI, §§ 1631(b), 1662(c)(2), Oct. 5, 1994, 108 Stat. 2964, 2990; Pub. L. 104–106, div. A, title XV, § 1501(a)(5)(B), (b)(11)(A), Feb. 10, 1996, 110 Stat. 495, 496; Pub. L. 108–375, div. A, title V, § 501(c)(3), Oct. 28, 2004, 118 Stat. 1874; Pub. L. 111–383, div. A, title V, § 515, Jan. 7, 2011, 124 Stat. 4213.)

history & why it existsrecord from the source credit

1956Enacted · Act of Aug. 10, 1956, ch. 1041
1958Amended · Pub. L. 85-861 · 72 Stat. 1440
1963Amended · Pub. L. 88-236 · 77 Stat. 474
1966Amended · Pub. L. 89-718 · 80 Stat. 1115
1967Amended · Pub. L. 90-130 · 81 Stat. 374
1980Amended · Pub. L. 96-513 · 94 Stat. 2921
1987Amended · Pub. L. 100-180 · 101 Stat. 1115
1994Amended · Pub. L. 103-337 · 108 Stat. 2964, 2990
1996Amended · Pub. L. 104-106 · 110 Stat. 495, 496
2004Amended · Pub. L. 108-375 · 118 Stat. 1874
2011Amended · Pub. L. 111-383 · 124 Stat. 4213

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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