10 U.S.C. § 12206

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

Section 12206 - Commissioned officers: appointment of former commissioned officers

Under regulations prescribed by the Secretary of Defense, a person who is a former commissioned officer may, if otherwise qualified, be appointed as a reserve officer of the Army, Navy, Air Force, or Marine Corps. A person so appointed-

(1) may be placed on the reserve active-status list of that armed force in the grade equivalent to the permanent regular or reserve grade, and in the same competitive category, in which the person previously served satisfactorily on active duty or in an active status; and

(2) may be credited for the purpose of determining date of rank under section 741(d) of this title with service in grade equal to that held by that person when discharged or separated.

10 U.S.C. § 12206

Added §596a and renumbered §1 2206,Pub. L. 103-337, div. A, title XVI, §§16332206,, 16622206,, 108 Stat. 2965, 2990.

EDITORIAL NOTES

AMENDMENTS1994- Pub. L. 103-337, §1662(c)(2), renumbered section 596a of this title as this section.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103-337 set out as a note under section 10001 of this title.

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.

active status

The term "active status" means the status of a member of a reserve component who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.

commissioned officer

The term "commissioned officer" includes a commissioned warrant officer.

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.

officer

The term "officer" means a commissioned or warrant officer.

rank

The term "rank" means the order of precedence among members of the armed forces.