10 USC 12204: Commissioned officers: original appointment; limitation
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10 USC 12204: Commissioned officers: original appointment; limitation Text contains those laws in effect on April 25, 2024
From Title 10-ARMED FORCESSubtitle E-Reserve ComponentsPART II-PERSONNEL GENERALLYCHAPTER 1205-APPOINTMENT OF RESERVE OFFICERS
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§12204. Commissioned officers: original appointment; limitation

(a) No person may be appointed as a Reserve in a commissioned grade above major or lieutenant commander, unless-

(1) he was formerly a commissioned officer of an armed force; or

(2) such an appointment is recommended by a board of officers convened by the Secretary concerned.


(b) This section does not apply to adjutants general and assistant adjutants general of the several States, Puerto Rico, and the District of Columbia.

(Aug. 10, 1956, ch. 1041, 70A Stat. 25 , §594; Pub. L. 100–456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059 ; renumbered §12204, Pub. L. 103–337, div. A, title XVI, §1662(c)(2), Oct. 5, 1994, 108 Stat. 2990 ; Pub. L. 109–163, div. A, title X, §1057(a)(2), Jan. 6, 2006, 119 Stat. 3440 .)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
594(a) 50:941(c) (less 1st 21 words). July 9, 1952, ch. 608 §217(c), 66 Stat. 487.
594(b) 50:941(c) (1st 21 words).

In subsection (a), the words "unless * * * he was formerly" are substituted for the words "has not held an appointment as". The words "or any component thereof" are omitted as surplusage.


Editorial Notes

Amendments

2006-Subsec. (b). Pub. L. 109–163 struck out "and Territories" after "States".

1994-Pub. L. 103–337 renumbered section 594 of this title as this section.

1988-Subsec. (b). Pub. L. 100–456 struck out "the Canal Zone," after "Puerto Rico,".