10 U.S.C. § 12209 — Officer candidates: enlisted Reserves

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 197 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets enlisted reservists become officer candidates if they agree and the numbers allow it. It extends their service term to cover the training. It also gives them pay protections but blocks them from joining ROTC at the same time.

(a) The Secretary concerned decides how many enlisted Reserves can be selected, with their consent, for training as officer candidates. During that training, they are called officer candidates. But a member of the Army National Guard of the United States or the Air National Guard of the United States can only be selected this way if they are on active duty, or if the governor or other appropriate state authority agrees. (b) If a Reserve is designated an officer candidate, their enlistment or term of service is extended. It now covers any extra time, past its normal end date, that they spend as an officer candidate. (c) While on active duty — other than active duty for training without pay — or traveling to or from that duty, an officer candidate gets the pay and allowances of their enlisted grade. But it can never be less than the pay for grade E-2. (d) An officer candidate under this section cannot also take part in any armed force's Reserve Officer Training Corps program.

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

(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.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 26, § 600; renumbered § 12209, Pub. L. 103–337, div. A, title XVI, § 1662(c)(3), Oct. 5, 1994, 108 Stat. 2990; Pub. L. 104–106, div. A, title XV, § 1501(b)(12)(A), Feb. 10, 1996, 110 Stat. 496.)

history & why it existsrecord from the source credit

1956Enacted · Act of Aug. 10, 1956, ch. 1041
1994Amended · Pub. L. 103-337 · 108 Stat. 2990
1996Amended · Pub. L. 104-106 · 110 Stat. 496

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

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