10 U.S.C. § 2106

Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]

Section 2106 - Advanced training; commission on completion

(a) Upon satisfactorily completing the academic and military requirements of the program of advanced training, a member of the program who was selected for advanced training under section 2104 of this title may be appointed as a regular or reserve officer in the appropriate armed force in the grade of second lieutenant or ensign, even though he is under 21 years of age.

(b) The date of rank of officers appointed under this section in May or June of any year is the date of graduation of cadets or midshipmen from the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy, as the case may be, in that year. The Secretary of the military department concerned shall establish the date of rank of all other officers appointed under this section.

(c) In computing length of service for any purpose, an officer appointed under this section may not be credited with enlisted service for the period covered by his advanced training, other than any period of enlisted service performed on or after August 1, 1979, as a member of the Selected Reserve.

10 U.S.C. § 2106

Added Pub. L. 88-647, title II, §201(1), Oct. 13, 1964, 78 Stat. 1066; amended Pub. L. 102-484, div. A, title V, §517(a)(1), Oct. 23, 1992, 106 Stat. 2407; Pub. L. 104-201, div. A, title V, §507(a)(1), Sept. 23, 1996, 110 Stat. 2512.

EDITORIAL NOTES

AMENDMENTS1996-Subsec. (c). Pub. L. 104-201 substituted "performed on or after August 1, 1979, as a member of the Selected Reserve" for "while serving on active duty other than for training after July 31, 1990, while a member of the Selected Reserve".1992-Subsec. (c). Pub. L. 102-484 inserted before period at end ", other than any period of enlisted service while serving on active duty other than for training after July 31, 1990, while a member of the Selected Reserve".

STATUTORY NOTES AND RELATED SUBSIDIARIES

BENEFITS NOT TO ACCRUE FOR PERIODS PRIOR TO SEPTEMBER 23, 1996 Pub. L. 104-201, div. A, title V, §507(c), Sept. 23, 1996, 110 Stat. 2512, provided that: "No increase in pay or retired or retainer pay shall accrue for periods before the date of the enactment of this Act [Sept. 23, 1996] by reason of the amendments made by this section [amending this section, sections 2107 and 2107a of this title, and section 205 of Title 37, Pay and Allowances of the Uniformed Services]."

active duty: The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
grade: The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
member of the program: The term "member of the program" means a student who is enrolled in the Senior Reserve Officers' Training Corps of an armed force.
officer: The term "officer" means a commissioned or warrant officer.
pay: The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
program: The term "program" means the Senior Reserve Officers' Training Corps of an armed force.
rank: The term "rank" means the order of precedence among members of the armed forces.
uniformed services: The term "uniformed services" means-(A) the armed forces;(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and(C) the commissioned corps of the Public Health Service.