§3353 . Commissioned officers: service credit upon original appointment
(a)(1) For the purpose of this chapter and chapter 363 of this title and under regulations prescribed by the Secretary of Defense, a person receiving an original appointment as a reserve commissioned officer in the Army or an assignment to an officer category in which advanced education or training or special experience is required or will be directly used shall be credited at the time of such appointment or assignment with any service as a commissioned officer, except service as a commissioned warrant officer, that he performed as a regular officer on active duty or as a reserve officer in an active status in any armed force, the National Oceanic and Atmospheric Administration, or the Public Health Service before such appointment or assignment.
(2) The Secretary of Defense shall prescribe regulations to authorize the Secretary of the Army to limit the amount of prior commissioned service with which a person may be credited under paragraph (1), or to deny any such credit, in the case of a person who is credited with constructive service under subsection (b).
(b)(1) Under regulations prescribed by the Secretary of Defense, the Secretary of the Army shall credit a person who is receiving an original appointment as a reserve commissioned officer in the Army or an assignment to an officer category in which advanced education or training or special experience is required or will be directly used and who has advanced education or training or special experience with constructive service for such education, training, or experience as follows:
(A) One year for each year of advanced education beyond the baccalaureate degree level, for persons assigned to officer categories requiring such advanced education or an advanced degree as a prerequisite for such assignment. In determining the number of years of constructive service to be credited under this clause to officers in any professional field, the Secretary concerned shall credit an officer with, but with not more than, the number of years of advanced education required by a majority of institutions that award degrees in that professional field for completion of the advanced education or award of the advance degree.
(B)(i) Credit for any period of advanced education in a health profession (other than medicine and dentistry) beyond the baccalaureate degree level which exceeds the basic education criteria for assignment as an officer in such health profession, if such advanced education will be directly used by the Army.
(ii) Credit for experience in a health profession (other than medicine or dentistry), if such experience will be directly used by the Army.
(C) Additional credit of (i) not more than one year for internship or equivalent graduate medical, dental, or other formal professional training required by the armed forces, and (ii) not more than one year for each additional year of such graduate-level training or experience creditable toward certification in a specialty required by the Army.
(D) Additional credit, in unusual cases, based on special experience in a particular field.
(E) Additional credit for experience as a physician or dentist, if assigned to the Medical or Dental Corps.
(2) Except as authorized by the Secretary of the Army in individual cases and under regulations prescribed by the Secretary of Defense in the case of a medical or dental officer, the amount of constructive service credited an officer under this subsection may not exceed the amount required in order for the officer to be eligible for an original appointment in the grade of major.
(3) Constructive service credited an officer under this subsection is in addition to any service credited that officer under subsection (a) and shall be credited at the time of the original appointment of the officer or his assignment to an officer category in which advanced education or training or special experience is required or will be directly used.
(c) Constructive service may not be credited under subsection (b) for education, training, or experience obtained while serving as a commissioned officer (other than a warrant officer) on active duty or in an active status. However, in the case of an officer who completes advanced education or receives an advanced degree while in an active status and in less than the number of years normally required to complete such advanced education or receive such advanced degree, constructive service may, subject to regulations prescribed under subsection (a)(2), be credited to the officer under subsection (b)(1)(A) to the extent that the number of years normally required to complete such advanced education or receive such advanced degree exceeds the actual number of years in which such advanced education or degree is obtained by the officer.
(d) If the Secretary of Defense determines that the number of qualified judge advocates serving on active duty in the Army in grades below major is critically below the number needed by the Army in such grades, he may authorize the Secretary of the Army to credit any person receiving an original appointment with a view to assignment in the Judge Advocate General's Corps with a period of constructive service in such an amount (in addition to any period of service credited such person under subsection (b)(1)) as will result in the grade of such person being that of captain and the date of rank of such person being junior to that of all other officers of the same grade serving on active duty.
(Added
Pub. L. 85–861, §1(80)(B), Sept. 2, 1958, 72 Stat. 1468
; amended
Pub. L. 86–559, §1(8), June 30, 1960, 74 Stat. 265
;
Pub. L. 96–513, title II, §205(a), Dec. 12, 1980, 94 Stat. 2881
;
Pub. L. 97–22, §5(c), July 10, 1981, 95 Stat. 128
;
Pub. L. 98–94, title X, §1007(c)(3), Sept. 24, 1983, 97 Stat. 662
;
Pub. L. 100–180, div. A, title VII, §714(b), Dec. 4, 1987, 101 Stat. 1112
;
Pub. L. 103–160, div. A, title V, §509(b), Nov. 30, 1993, 107 Stat. 1647
.)
Repeal of Section
Section repealed effective Oct. 1, 1996, see note set out preceding section 3351 of this title.
In subsection (a), the words "For the purposes of chapters 337 and 363 of this title, a person who is appointed as a reserve commissioned officer of the Army" are substituted for 50:1191 (1st 28 words of 1st sentence).
In subsection (b), the words "A person covered by subsection (a)" are substituted for the words "Any such person". The words "and for the purposes of subsection (a)" are substituted for the words "for the purpose of this chapter only". The words "for the purpose of or" are omitted as surplusage.
In subsection (c), the first 19 words are substituted for the words "and a person * * * if appointed for assignment as an officer * * * in a comparable assignment in another Armed Force". The words "may be" are omitted as surplusage.
Amendments
1993-Subsec. (b)(1)(A). Pub. L. 103–160, §509(b)(1), in second sentence substituted "In determining the number" for "Except as provided in clause (E), in determining the number" and "the number of years of advanced education required" for "the number of years of postsecondary education in excess of four that are required".
Subsec. (b)(1)(E), (F). Pub. L. 103–160, §509(b)(2), (3), redesignated subpar. (F) as (E) and struck out former subpar. (E) which read as follows: "Additional credit of one year for advanced education in a health profession if the number of years of baccalaureate education completed by 75 percent or more of the students entering advanced training in that health profession exceeds, by one or more, the minimum number of years of preprofessional education required by a majority of institutions which award degrees in that health profession. The percentage of such persons shall be computed on an annual basis for each health profession from the data for the year in which the person being assigned to such health profession was admitted to a professional school. However, a person may not receive additional credit under this clause if the amount of his baccalaureate education does not exceed, by one or more, the minimum number of years of preprofessional education required by a majority of institutions which award degrees for that health profession, determined on the basis prescribed in the preceding sentence."
1987-Subsec. (b)(1)(B). Pub. L. 100–180 designated existing provisions as cl. (i) and added cl. (ii).
1983-Subsec. (a)(1). Pub. L. 98–94 substituted "this chapter and chapter 363" for "chapters 337 and 363" and inserted ", the National Oceanic and Atmospheric Administration, or the Public Health Service".
1981-Subsec. (a)(1). Pub. L. 97–22, §5(c)(1)(A)–(C), substituted "officer in the Army or an assignment to an officer category in which advanced education or training or special experience is required or will be directly used shall be credited at the time of such appointment or assignment with any service as a commissioned officer, except service as a commissioned warrant officer, that he performed as a regular officer on active duty or as a reserve officer in an active status in any armed force before such appointment or assignment" for "officer in the Army shall be credited at the time of such appointment with any service as a commissioned officer, except service as a commissioned warrant officer, that he performed in an active status in any armed force before such appointment".
Subsec. (a)(2). Pub. L. 97–22, §5(c)(1)(D), substituted "with which a person may be credited under paragraph (1), or to deny any such credit, in the case of a person who is credited" for "with which a person receiving an original appointment may be credited under paragraph (1), or to deny any such credit, in the case of a person who at the time of such appointment is credited".
Subsec. (b)(1). Pub. L. 97–22, §5(c)(2)(A), in provisions preceding subpar. (A), inserted reference to an assignment to an officer category in which advanced education or training or special experience is required or will be directly used.
Subsec. (b)(1)(A). Pub. L. 97–22, §5(c)(2)(B)–(D), substituted "for persons assigned to officer categories requiring such advanced education or an advanced degree as a prerequisite for such assignment" for "for persons appointed in officer categories requiring such advanced education or an advanced degree as a prerequisite for appointment as a commissioned officer" and "Except as provided in clause (E), in determining the number of years of constructive service to be credited under this clause to officers in any professional field, the Secretary concerned shall credit an officer with, but with not more than, the number of years of postsecondary education in excess of four that are required by a majority of institutions that award degrees in that professional field for completion of the advanced education or award of the advanced degree" for "(Except as provided in clause (E), in determining the years of constructive service under this clause, the Secretary of the Army shall grant credit for only the number of years normally required to complete the advanced education or receive the advanced degree".
Subsec. (b)(1)(B). Pub. L. 97–22, §5(c)(2)(E), substituted "assignment as an officer in such health profession" for "appointment as an officer".
Subsec. (b)(1)(E). Pub. L. 97–22, §5(c)(2)(F), substituted "the person being assigned to such health profession was admitted to a professional school" for "the person being appointed was admitted to a professional school".
Subsec. (b)(1)(F). Pub. L. 97–22, §5(c)(2)(G), substituted "assigned to" for "appointed in".
Subsec. (b)(3). Pub. L. 97–22, §5(c)(3), substituted "original appointment of the officer or his assignment to an officer category in which advanced education or training or special experience is required or will be directly used" for "original appointment of the officer".
Subsec. (c). Pub. L. 97–22, §5(c)(4), substituted "while serving as a commissioned officer (other than a warrant officer) on active duty or in an active status" for "while serving in an active status" in the existing provisions and inserted sentence providing that, in the case of an officer who completes advanced education or receives an advanced degree while in an active status and in less than the number of years normally required to complete such advanced education or receive such advanced degree, constructive service may, subject to regulations prescribed under subsection (a)(2), be credited to the officer under subsection (b)(1)(A) to the extent that the number of years normally required to complete such advanced education or receive such advanced degree exceeds the actual number of years in which such advanced education or degree is obtained by the officer.
Subsec. (d). Pub. L. 97–22, §5(c)(5), substituted "with a view to assignment in the Judge Advocate General's Corps" for "in the Judge Advocate General's Corps with a view to immediate call to active duty".
1980-Pub. L. 96–513 substituted "service credit upon original appointment" for "appointment; service credit" in section catchline.
Subsec. (a). Pub. L. 96–513 substituted provision authorizing, under regulations prescribed by the Secretary of Defense, a person receiving an original appointment as a reserved commissioned officer in the Army be credited at the time of such appointment with any service as a commissioned officer, except service as a commissioned warrant officer, that he performed in an active status in any armed force before such appointment and permitting the Secretary of Defense to prescribe regulations to authorize the Secretary of the Army to limit the amount of prior commissioned service which may be credited, or to deny such credit, in the case of a person who at the time of such appointment is credited with constructive service under subsec. (b) of this section for provision authorizing a person appointed as a reserve commissioned officer to be credited at the time of his appointment with service in an active status that reflects his combined years of experience and education and such other qualifications as prescribed by regulation.
Subsec. (b). Pub. L. 96–513 substituted provision authorizing the Secretary of the Army, under regulations prescribed by the Secretary of Defense, to credit a person receiving an original appointment as a reserve commissioned officer in the Army with specified amounts of constructive service for advanced education, training, or experience for provision authorizing a person appointed as a reserve commissioned officer in the Medical Corps of the Army to be credited with at least four years of service in an active status and a person appointed as a reserve commissioned officer in the Dental, Veterinary Corps, or Judge Advocate General's Corps or as a chaplain to be credited with at least three years of service in an active status.
Subsec. (c). Pub. L. 96–513 substituted provision prohibiting the crediting of constructive service under subsec. (b) of this section for education, training, or experience obtained while serving in an active status for provision authorizing a person appointed as a reserve commissioned officer of the Army as a medical service officer, who holds a degree of doctor of philosophy, or comparable degree, in a science that the Secretary determines is allied to medicine, to be credited with at least three years of service in an active status.
Subsec. (d). Pub. L. 96–513 substituted provision authorizing the Secretary of Defense, if he determines that the number of qualified judge advocates serving on active duty in grades below major is critically below the number needed, to authorize the Secretary of the Army to credit a person receiving an original appointment in the Judge Advocate General's Corps, with a view to an immediate call to active duty, with a period of constructive service in such an amount as will result in the grade of such person being that of captain for provision requiring the Secretary to report to the Committees on Armed Services of the Senate and House of Representatives by Mar. 1 of each year on the number, categories, and grades of reserve officers, other than in the Medical Corps or Dental Corps, originally appointed in the reserve grade of captain or above in the preceding calendar year.
1960-Subsec. (a). Pub. L. 86–559, §1(8)(A), struck out "and is not already a commissioned officer of an armed force" after "a reserve commissioned officer of the Army."
Subsec. (d). Pub. L. 86–559, §1(8)(B), added subsec. (d).
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
Ratification of Service Credit Awarded Prior to November 30, 1993
Section 509(e) of Pub. L. 103–160 provided that to the extent that service credit awarded before Nov. 30, 1993, under this section based on advanced education in medicine or dentistry was awarded consistent with this section as amended by section 509 of Pub. L. 103–160 (whether or not properly awarded under this section as in effect before such amendment), the awarding of that service credit is ratified, see section 509(e) of Pub. L. 103–160, set out as a note under section 533 of this title.
Transition Provisions Under Defense Officer Personnel Management Act
For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513 and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of this title.
Service Credit for Reserve Officers Appointed in a Special Branch or the Women's Army Corps Before July 1, 1955
Section 22 of Pub. L. 85–861, as amended by
Pub. L. 86–559, §4, June 30, 1960, 74 Stat. 281
, provided that: "A person who was appointed before July 1, 1955, as a reserve officer of the Army in the lowest grade of a special branch or the Women's Army Corps, or who was transferred to a special branch of that corps in the lowest grade of that branch or corps before that date, may, for the purposes of chapter 337 of title 10, United States Code [this chapter], be credited with the amount of service in an active status prescribed in section 3353 of title 10, United States Code [this section], as a minimum amount of service for that branch of the Women's Army Corps, as the case may be."
Section Referred to in Other Sections
This section is referred to in sections 123, 2121, 3359, 3360, 3396, 12320 of this title.