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10 U.S.C. § 531 — Original appointments of commissioned officers

submitted 46 years ago by Pub. L. 96-513 to r/title-10-ARMED-FORCES · 280 words · no verdicts yet

in plain englishAI-generated · not legal advice

The President alone makes specified junior-grade Regular military appointments, while the President and Senate make specified field-grade appointments. The section also sets how grade is determined and permits the Secretary of Defense to make certain reserve-to-active appointments.

(a)(1) The President alone makes original appointments as second lieutenant, first lieutenant, or captain in the Regular Army, Air Force, Marine Corps, or Space Force, and as ensign, lieutenant (junior grade), or lieutenant in the Regular Navy. (2) The President, with the Senate’s advice and consent, makes original appointments as major, lieutenant colonel, or colonel in those Regular services, and as lieutenant commander, commander, or captain in the Regular Navy.

(b) For a person appointed under this section who is credited with service under section 533 and is not a reserve-component commissioned officer, the grade is set under Defense Secretary regulations based on credited service. If the person is a reserve-component commissioned officer, section 533(f) determines the grade.

(c) Subject to the President’s authority, direction, and control, the Secretary of Defense may make an original Regular-service commissioned appointment for a reserve commissioned officer transferred from a reserve active-status list to an active-duty list, despite subsection (a).

the actual law source: uscode.house.gov ↗public domain
(a)
(1)

Original appointments in the grades of second lieutenant, first lieutenant, and captain in the Regular Army, Regular Air Force, Regular Marine Corps, and Space Force, and in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy shall be made by the President alone.

(2)

Original appointments in the grades of major, lieutenant colonel, and colonel in the Regular Army, Regular Air Force, Regular Marine Corps, and Space Force, and in the grades of lieutenant commander, commander, and captain in the Regular Navy shall be made by the President, by and with the advice and consent of the Senate.

(b)

The grade of a person receiving an appointment under this section who at the time of appointment (1) is credited with service under section 533 of this title, and (2) is not a commissioned officer of a reserve component shall be determined under regulations prescribed by the Secretary of Defense based upon the amount of service credited. The grade of a person receiving an appointment under this section who at the time of the appointment is a commissioned officer of a reserve component is determined under section 533(f) of this title.

(c)

Subject to the authority, direction, and control of the President, an original appointment as a commissioned officer in the Regular Army, Regular Air Force, Regular Navy, Regular Marine Corps, or Space Force may be made by the Secretary of Defense in the case of a reserve commissioned officer upon the transfer of such officer from the reserve active-status list of a reserve component of the armed forces to the active-duty list of an armed force, notwithstanding the requirements of subsection (a).

Source credit: (Added Pub. L. 96–513, title I, § 104(a), Dec. 12, 1980, 94 Stat. 2845; amended Pub. L. 97–22, § 3(a), July 10, 1981, 95 Stat. 124; Pub. L. 108–375, div. A, title V, § 501(a)(4), (c)(5), Oct. 28, 2004, 118 Stat. 1873, 1874; Pub. L. 116–92, div. A, title V, § 501(a), Dec. 20, 2019, 133 Stat. 1343; Pub. L. 116–283, div. A, title IX, § 924(b)(4)(A), (13), Jan. 1, 2021, 134 Stat. 3822, 3823; Pub. L. 118–31, div. A, title XVII, § 1716(b)(2), Dec. 22, 2023, 137 Stat. 633; Pub. L. 118–159, div. A, title V, § 521(c)(1), Dec. 23, 2024, 138 Stat. 1880.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-513 · 94 Stat. 2845
  • 1981Amended · Pub. L. 97-22 · 95 Stat. 124
  • 2004Amended · Pub. L. 108-375 · 118 Stat. 1873, 1874
  • 2019Amended · Pub. L. 116-92 · 133 Stat. 1343
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3822, 3823
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 633
  • 2024Amended · Pub. L. 118-159 · 138 Stat. 1880

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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