10 U.S.C. § 12207 — Commissioned officers: service credit upon original appointment

(a) When someone gets their first appointment as a reserve commissioned officer (not a warrant officer) in the Army, Navy, Air Force, or Marine Corps, they are credited with any past commissioned service. This includes service as a regular officer or as a reserve officer in an active status, in any armed force, NOAA, or the Public Health Service. It does not include service as a commissioned warrant officer. The Secretary of Defense must write rules, applied the same way across all four services, letting the Secretary of the relevant military department limit or deny this credit for someone who is also getting "constructive service" credit under subsection (b) or (e). (b) Under Secretary of Defense rules, a person getting their first appointment as a reserve commissioned officer can also earn "constructive service" credit for special training, experience, or advanced education. This works several ways. They get one year of credit for each year of advanced education past a bachelor's degree, if that advanced education is required for their officer job — but never more years than most schools require to earn that degree. They get credit for advanced education or experience in a health profession (other than medicine or dentistry) that the armed force will actually use. They get up to one year of credit for an internship or similar required medical, dental, or health training, plus up to one year for each extra year of that graduate-level training needed for a required specialty certification. They get extra credit for special training or experience the Secretary concerned has designated as tied to the armed force's operational needs, and — only during fiscal years 2021 through 2025 — for designated advanced education tied to those needs. And they get extra credit for experience as a physician or dentist if appointed as a medical or dental officer. If the Secretary of Defense finds that a reserve component is critically short of officers in certain health professions in grades below major or lieutenant commander, the Secretary of Defense may let the Secretary of the military department give extra constructive credit — beyond what's described above — enough to reach the grade of captain (lieutenant, in the Navy). This applies to the Medical Corps, Dental Corps, Medical Service Corps, Army Medical Specialist Corps, Nurse Corps, and Veterinary Corps. No matter how it's calculated, this constructive service credit can never be more than what's needed for the officer to qualify for an original appointment at the grade of colonel (Army, Air Force, Marine Corps) or captain (Navy Reserve). This credit is added on top of the service credit described in subsection (a), and is given at the time of the original appointment or of assignment to a job requiring the advanced education, training, or experience. (c) Constructive service credit under subsection (b) cannot be given for education, training, or experience gained while the person was already a commissioned officer on active duty or in an active status. There's one exception: if an officer finishes advanced education or an advanced degree faster than it normally takes, they can get credit under subsection (b)(1)(A) for the difference between the normal time and the time they actually took. (d) If the Secretary of Defense finds a critical shortage of qualified judge advocates in grades below lieutenant commander or major, the Secretary of Defense may let the Secretary of the military department give extra constructive service credit — beyond subsection (b) — to someone getting their first appointment for service as a judge advocate. This credit can raise their grade to captain (lieutenant, in the Navy), but their date of rank will be junior to every other officer of that same grade already on the active-duty list. (e) Constructive service credited under subsection (b) or (d) can only be used for three things: setting the officer's starting grade as a reserve officer, their rank within that grade, and their time in grade for promotion eligibility. (f) When a person is appointed as a reserve officer and is credited with service under this section, their grade and their place on the reserve active-status list are set by Secretary of Defense rules, based on how much service they were credited with.