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10 U.S.C. § 532 — Qualifications for original appointment as a commissioned officer

submitted 46 years ago by Pub. L. 96-513 to r/title-10-ARMED-FORCES · 490 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person receiving an original Regular-service commissioned appointment generally must be a United States citizen, morally qualified, physically qualified, and otherwise qualified by regulation. Special rules apply to medical and dental appointments, limited-duty officers, repealed subsections, and certain national-security waivers.

(a) Under Defense Secretary regulations, an original appointment as a Regular Army, Navy, Air Force, or Marine Corps commissioned officer, other than a commissioned warrant officer, may be given only to someone who (1) is a United States citizen; (2) has good moral character; (3) is physically qualified for active service; and (4) has other special qualifications set by the concerned military-department Secretary.

(b)(1) Medical or dental appointments may be made in the grades listed for the Army, Air Force, and Navy, but only from qualified doctors of medicine, osteopathy, or dentistry. (2) An osteopathic doctor must (A) graduate from a college of osteopathy whose graduates may be licensed in a majority of States; (B) be licensed to practice medicine, surgery, or osteopathy in a State or the District of Columbia; (C) complete, under Defense regulations, osteopathic and preosteopathic education equal in years to the medical and premedical education required for comparable medical appointments; and (D) meet other qualifications prescribed by the military-department Secretary after considering any Surgeon General recommendations.

(c) Original limited-duty appointments in the Regular Navy or Marine Corps must be made under section 8139 or 8146.

(d) Repealed.

(e) Repealed.

(f) The Defense Secretary may waive the citizenship requirement for a lawful permanent resident, or for an otherwise eligible United States national eligible for the cadet or midshipman appointments described in the cited provisions, when national security requires it. The waiver may apply only to an original appointment below major or lieutenant commander.

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

Under regulations prescribed by the Secretary of Defense, an original appointment as a commissioned officer (other than as a commissioned warrant officer) in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps may be given only to a person who—

(1)

is a citizen of the United States;

(2)

is of good moral character;

(3)

is physically qualified for active service; and

(4)

has such other special qualifications as the Secretary of the military department concerned may prescribe by regulation.

(b)
(1)

Original appointments in the Regular Army in the Medical Corps or Dental Corps, and original appointments in the Regular Air Force with a view to designation of an officer as a medical or dental officer, may be made in the grades of first lieutenant through colonel. Original appointments in the Regular Navy in the Medical Corps or Dental Corps may be made in the grades of lieutenant (junior grade) through captain. Such appointments may be made only from persons who are qualified doctors of medicine, osteopathy, or dentistry.

(2)

To be eligible for an original appointment as a medical officer, a doctor of osteopathy must—

(A)

be a graduate of a college of osteopathy whose graduates are eligible to be licensed to practice medicine or surgery in a majority of the States;

(B)

be licensed to practice medicine, surgery, or osteopathy in a State or in the District of Columbia;

(C)

under regulations prescribed by the Secretary of Defense, have completed a number of years of osteopathic and preosteopathic education equal to the number of years of medical and premedical education prescribed for persons entering recognized schools of medicine who become doctors of medicine and who would be qualified for an original appointment in the grade for which that person is being considered for appointment; and

(D)

have such other qualifications as the Secretary of the military department concerned prescribes after considering the recommendations, if any, of the Surgeon General of the armed force concerned.

(c)

Original appointments in the Regular Navy or Regular Marine Corps of officers designated for limited duty shall be made under section 8139 or 8146 of this title.

[(d)

Repealed. Pub. L. 115–232, div. A, title V, § 501(b), Aug. 13, 2018, 132 Stat. 1739.]

[(e)

Repealed. Pub. L. 108–375, div. A, title V, § 501(a)(1), Oct. 28, 2004, 118 Stat. 1872.]

(f)

The Secretary of Defense may waive the requirement of paragraph (1) of subsection (a) with respect to a person who has been lawfully admitted to the United States for permanent residence, or for a United States national otherwise eligible for appointment as a cadet or midshipman under section 2107(a) of this title or as a cadet under section 2107a of this title, when the Secretary determines that the national security so requires, but only for an original appointment in a grade below the grade of major or lieutenant commander.

Source credit: (Added Pub. L. 96–513, title I, § 104(a), Dec. 12, 1980, 94 Stat. 2845; amended Pub. L. 97–22, § 3(b), July 10, 1981, 95 Stat. 124; Pub. L. 97–295, § 1(7), Oct. 12, 1982, 96 Stat. 1289; Pub. L. 102–190, div. A, title V, § 501, Dec. 5, 1991, 105 Stat. 1354; Pub. L. 103–160, div. A, title V, § 510, Nov. 30, 1993, 107 Stat. 1648; Pub. L. 108–375, div. A, title V, § 501(a)(1)–(3)(A), Oct. 28, 2004, 118 Stat. 1872; Pub. L. 109–163, div. A, title V, § 534(c), Jan. 6, 2006, 119 Stat. 3248; Pub. L. 111–383, div. A, title V, § 501(a), Jan. 7, 2011, 124 Stat. 4206; Pub. L. 115–232, div. A, title V, § 501(a), (b), title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1739, 1840; Pub. L. 116–283, div. A, title IX, § 924(b)(4)(B), Jan. 1, 2021, 134 Stat. 3822; Pub. L. 118–31, div. A, title XVII, § 1716(b)(3), Dec. 22, 2023, 137 Stat. 633.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-513 · 94 Stat. 2845
  • 1981Amended · Pub. L. 97-22 · 95 Stat. 124
  • 1982Amended · Pub. L. 97-295 · 96 Stat. 1289
  • 1991Amended · Pub. L. 102-190 · 105 Stat. 1354
  • 1993Amended · Pub. L. 103-160 · 107 Stat. 1648
  • 2004Amended · Pub. L. 108-375 · 118 Stat. 1872
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3248
  • 2011Amended · Pub. L. 111-383 · 124 Stat. 4206
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1739, 1840
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3822
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 633

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-513 on 1980-12-12.

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