§5600 . Naval Reserve and Marine Corps Reserve: service credit upon original appointment
(a)(1) Under regulations prescribed by the Secretary of Defense, for the purpose of determining the grade, seniority in grade, and eligibility for promotion of a person who is originally appointed as a commissioned officer in a permanent grade above chief warrant officer, W–5, in the Naval Reserve or Marine Corps Reserve or who is designated in an officer category in which advanced education or training or special experience is required or will be directly used, such person shall be credited at the time of such appointment or designation with any service as a commissioned officer, other than 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 designation.
(2) The Secretary of Defense shall prescribed regulations to authorize the Secretary of the Navy 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 Navy shall credit a person who is receiving an original appointment as a reserve commissioned officer in the Navy or Marine Corps or a designation in 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 appointed or designated in officer categories requiring such advanced education or a advanced degree as a prerequisite for appointment as a commissioned officer or designation in such a category. 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 advanced 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 appointment as an officer, if such advanced education will be directly used by the Navy or Marine Corps, as appropriate.
(ii) Credit for experience in a health profession (other than medicine or dentistry), if such experience will be directly used by the Navy or Marine Corps, as appropriate.
(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 Navy or Marine Corps, as appropriate.
(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 appointed in the Medical or Dental Corps.
(2) Except as authorized by the Secretary of the Navy 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 lieutenant commander or 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 designation in 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 Navy or the Marine Corps in grades below lieutenant commander or major is critically below the number needed by the Navy or Marine Corps, respectively, in such grades, he may authorize the Secretary of the Navy to credit any person to whom this section applies who is receiving an original appointment in the Judge Advocate General's Corps of the Navy, or who is receiving an original appointment in the Marine Corps with a view to designation as a judge advocate, with a period of constructive service in such an amount (in addition to any amount credited such person under subsection (b)) as will result in the grade of such person, if ordered to active duty, being that of lieutenant, in the case of an officer of the Navy, or captain, in the case of an officer of the Marine Corps, and the date of rank of such person being junior to that of all other officers of the same grade serving on active duty in the Navy or Marine Corps, as the case may be.
(Added
Pub. L. 85–861, §1(121)(A), Sept. 2, 1958, 72 Stat. 1494
; amended
Pub. L. 86–559, §1(41), June 30, 1960, 74 Stat. 273
;
Pub. L. 90–179, §5(4), Dec. 8, 1967, 81 Stat. 548
;
Pub. L. 96–513, title III, §328, Dec. 12, 1980, 94 Stat. 2895
;
Pub. L. 97–22, §6(c), July 10, 1981, 95 Stat. 130
;
Pub. L. 98–94, title X, §1007(c)(4), Sept. 24, 1983, 97 Stat. 662
;
Pub. L. 100–180, div. A, title VII, §714(c), Dec. 4, 1987, 101 Stat. 1113
;
Pub. L. 102–190, div. A, title XI, §1131(8)(A), Dec. 5, 1991, 105 Stat. 1506
;
Pub. L. 103–160, div. A, title V, §509(c), Nov. 30, 1993, 107 Stat. 1648
.)
Amendments
1993-Subsec. (b)(1)(A). Pub. L. 103–160, §509(c)(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(c)(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 appointed 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."
1991-Subsec. (a)(1). Pub. L. 102–190 substituted "W–5" for "W–4".
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 inserted ", the National Oceanic and Atmospheric Administration, or the Public Health Service" after "in any armed force".
1981-Subsec. (a)(1). Pub. L. 97–22, §6(c)(1)(A)–(C), substituted "in the Naval Reserve or Marine Corps Reserve or who is designated in an officer category in which advanced education or training or special experience is required or will be directly used, such person shall be credited at the time of such appointment or designation with any service as a commissioned officer, other than 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 designation" for "in the Naval Reserve or Marine Corps Reserve, such person shall be credited at the time of such appointment with any service as a commissioned officer, other than 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, §6(c)(1)(D), substituted "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" for "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 with constructive service".
Subsec. (b)(1). Pub. L. 97–22, §6(c)(2)(A), in provisions preceding subpar. (A), inserted "or a designation in an officer category in which advanced education or training or special experience is required or will be directly used" after "Navy or Marine Corps".
Subsec. (b)(1)(A). Pub. L. 97–22, §6(c)(2)(B)–(D), substituted "persons appointed or designated in officer categories requiring such advanced education or an advanced degree as a prerequisite for appointment as a commissioned officer or designation in such a category" 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 Navy shall grant credit for only the number of years normally required to complete the advanced education or receive the advanced degree)".
Subsec. (b)(3). Pub. L. 97–22, §6(c)(3), inserted "or his designation in an officer category in which advanced education or training or special experience is required or will be directly used" after "original appointment of the officer".
Subsec. (c). Pub. L. 97–22, §6(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" and inserted provision 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.
1980-Subsec. (a). Pub. L. 96–513 substituted provisions authorizing crediting an appointee in the Naval Reserve or the Marine Corps Reserve at the time of such appointment with service as a commissioned officer, other than as a commissioned warrant officer, performed in an active status in any armed force prior to such appointment and directing the promulgation of regulations to limit or deny such crediting in certain instances for provisions authorizing crediting of such appointees with an amount of service in an active status that would reflect the appointees' combined years of experience and education and requiring the Secretary of the Navy to report annually to Congress on the number, categories, and grades of reserve officers, other than in the Medical or Dental Corps, originally appointed in the reserve grade of lieutenant in the Naval Reserve or captain in the Marine Corps Reserve, or above, during the preceding calendar year.
Subsec. (b). Pub. L. 96–513 substituted provisions relating to crediting a recipient of an original appointment as a reserve commissioned officer in the Navy or Marine Corps with advanced education, training, or special experience with constructive service for such education, training, or experience for provisions authorizing certain active status credits for appointees in the Naval Reserve according to the particular corps in which they were to serve.
Subsecs. (c), (d). Pub. L. 96–513 added subsecs. (c) and (d).
1967-Subsec. (b)(1)(D). Pub. L. 90–179, §5(4)(A), added subpar. (D).
Subsec. (b)(2), (3). Pub. L. 90–179, §5(4)(B), (C), struck out par. (2) which provided that a person appointed in the Naval Reserve with a view to designation as a law specialist should be credited with at least 3 years of service in an active status, and renumbered par. (3) as (2).
1960-Subsec. (a). Pub. L. 86–559 struck out "who is not already an officer in an armed force in a permanent grade above chief warrant officer, W–4," before "may be credited", and inserted sentence requiring an annual report to the Committees on Armed Services of the Senate and House of Representatives.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title.
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.
Cross References
Commissioned officers in Army, Navy, Air Force, and Marine Corps, service credit upon original appointment, see section 12207 of this title.
Section Referred to in Other Sections
This section is referred to in sections 123, 2121 of this title.