
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12201]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
              CHAPTER 1205--APPOINTMENT OF RESERVE OFFICERS
 
Sec. 12201. Reserve officers: qualifications for appointment

    (a) To become an officer of a reserve component a person must be 
appointed as a Reserve of an armed force in a grade corresponding to a 
grade authorized for the regular component of the armed force concerned 
and subscribe to the oath prescribed by section 3331 of title 5. In 
addition, to become an officer of the Army National Guard of the United 
States or the Air National Guard of the United States, he must first be 
appointed to, and be federally recognized in, the same grade in the Army 
National Guard or the Air National Guard, as the case may be.
    (b) Except as otherwise provided by law, the Secretary concerned 
shall prescribe physical, mental, moral, professional, and age 
qualifications for the appointment of persons as Reserves of the armed 
forces under his jurisdiction. However, no person may be appointed as a 
Reserve unless he is at least 18 years of age and--
        (1) he is a citizen of the United States or has been lawfully 
    admitted to the United States for permanent residence under the 
    Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or
        (2) he has previously served in the armed forces or in the 
    National Security Training Corps.

    (c) A person who is otherwise qualified, but who has a physical 
defect that the Secretary concerned determines will not interfere with 
the performance of the duties to which that person may be assigned, may 
be appointed as a Reserve of any armed force under the jurisdiction of 
that Secretary.
    (d) In prescribing age qualifications under subsection (b) for the 
appointment of persons as Reserves of the armed forces under his 
jurisdiction, the Secretary concerned may not prescribe a maximum age 
qualification of less than 47 years of age for the initial appointment 
of a person as a Reserve to serve in a health profession specialty which 
has been designated by the Secretary concerned as a specialty critically 
needed in wartime.

(Aug. 10, 1956, ch. 1041, 70A Stat. 24, Sec. 591; Pub. L. 85-861, 
Sec. 1(10)(A), Sept. 2, 1958, 72 Stat. 1440; Pub. L. 88-236, Dec. 23, 
1963, 77 Stat. 474; Pub. L. 89-718, Sec. 4, Nov. 2, 1966, 80 Stat. 1115; 
Pub. L. 90-130, Sec. 1(3), Nov. 8, 1967, 81 Stat. 374; Pub. L. 96-513, 
title V Sec. 511(16), Dec. 12, 1980, 94 Stat. 2921; Pub. L. 100-180, 
div. A, title VII, Sec. 718(a), Dec. 4, 1987, 101 Stat. 1115; renumbered 
Sec. 12201 and amended Pub. L. 103-337, div. A, title XVI, 
Secs. 1631(b), 1662(c)(2), Oct. 5, 1994, 108 Stat. 2964, 2990; Pub. L. 
104-106, div. A, title XV, Sec. 1501(a)(5)(B), (b)(11)(A), Feb. 10, 
1996, 110 Stat. 495, 496.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
591(a)................................  50:946.                              Ju
ly 9, 1952, ch. 608, Secs.  217
591(b)................................  50:941(a) (less applicability to      (
less (c), and less applicability
                                         enlistments).                        t
o enlistments), 222, 232 (less
591(c)................................  50:941(b) (less applicability to      a
pplicability to enlistments), 66
                                         enlistments).                        S
tat. 486, 487, 489.
591(d)................................  50:956 (less applicability to
                                         enlistments).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), 50:946(a) (last 12 words of proviso) is omitted 
as covered by section 312 of title 32, 50:946(b) is omitted as covered 
by the revised subsection.
    In subsection (b), the word ``However'' is substituted for the words 
``Subject to the limitation that''. The exception as to section 4(i)(7) 
of the Universal Military Training and Service Act is inserted for 
clarity. The words ``as Reserves of the armed forces under his 
jurisdiction'' are substituted for the words ``of Reserve members of the 
Armed Forces of the United States''. The words ``unless he is at least 
18 years of age'' are substituted for 50:941(a) (last sentence). The 
words ``its Territories'' are omitted as surplusage, since citizens of 
the Territories are citizens of the United States.
    In subsection (c), the words ``armed force concerned'' are 
substituted for the words ``of the appropriate Armed Force of the United 
States''. The words ``in the grades corresponding to the grades 
authorized for female officers of the'' are substituted for the words 
``in the same grades * * * as are authorized for women in the'', to 
conform to subsection (a). The words ``in which she previously served 
satisfactorily'' are substituted for the words ``satisfactorily held by 
her''.
    In subsection (d), the words ``under the jurisdiction of that 
Secretary'' are inserted for clarity. The words ``general or special'' 
are omitted as surplusage.

                                                    1958 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
591(c)................................  50:941(b).                           Ju
ly 30, 1956, ch. 789, Sec.  4(a),
                                                                              7
0 Stat. 729.
-------------------------------------------------------------------------------
---------------------------------

    The words ``Subject to section 946(a) of this title'' are omitted, 
since that section is restated in subsection (a) of the revised section 
and is applicable to all reserve appointments. 50:941(b) (last 2 
sentences) is omitted as covered by sections 510 and 591 of this title.

                       References in Text

    The Immigration and Nationality Act, referred to in subsec. (b)(1), 
is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is 
classified principally to chapter 12 (Sec. 1101 et seq.) of Title 8, 
Aliens and Nationality. For complete classification of this Act to the 
Code, see Short Title note set out under section 1101 of Title 8 and 
Tables.


                               Amendments

    1996--Pub. L. 104-106, Sec. 1501(b)(11), substituted ``Reserve 
officers: qualifications for appointment'' for ``Reserve components: 
qualifications'' as section catchline.
    Subsecs. (c) to (e). Pub. L. 104-106, Sec. 1501(a)(5)(B), made 
technical correction to directory language of Pub. L. 103-337, 
Sec. 1631(b). See 1994 Amendment note below.
    1994--Pub. L. 103-337, Sec. 1662(c)(2), renumbered section 591 of 
this title as this section.
    Subsecs. (c) to (e). Pub. L. 103-337, Sec. 1631(b), as amended by 
Pub. L. 104-106, Sec. 1501(a)(5)(B), redesignated subsecs. (d) and (e) 
as (c) and (d), respectively, and struck out former subsec. (c) which 
read as follows: ``Women may be appointed as Reserves of the armed 
forces for service in the Army Reserve, Naval Reserve, Air Force 
Reserve, Marine Corps Reserve, and Coast Guard Reserve. Women who are 
otherwise qualified may be appointed as Reserves of the armed forces 
with a view to serving in the Army National Guard of the United States 
or the Air National Guard of the United States. Women are appointed in 
grades corresponding to the grades authorized for female officers of the 
regular component of the armed force concerned. Any female former 
officer of an armed force may, if otherwise qualified, be appointed as a 
Reserve of that armed force in the highest grade in which she previously 
served satisfactorily on active duty (other than for training).''
    1987--Subsec. (e). Pub. L. 100-180 added subsec. (e).
    1980--Subsec. (b). Pub. L. 96-513 substituted ``the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.)'' for ``chapter 12 of title 8'', 
and struck out reference to section 454(i)(7) of title 50, appendix.
    1967--Subsec. (c). Pub. L. 90-130 struck out provision limiting 
areas of service of women in Army National Guard of the United States 
and Air National Guard of the United States to service as nurses or 
medical specialists.
    1966--Subsec. (a). Pub. L. 89-718 substituted ``3331'' for ``16''.
    1963--Subsec. (b) (1). Pub. L. 88-236 substituted ``he is a citizen 
of the United States or has been lawfully admitted to the United States 
for permanent residence under chapter 12 of title 8'' for ``he is, or 
has made a declaration of intention to become, a citizen of the United 
States or of a possession thereof''.
    1958--Subsec. (c). Pub. L. 85-861 permitted appointment of women as 
Reserves of armed forces with a view to serving as nurses or medical 
specialists in Army National Guard of the United States or Air National 
Guard of the United States.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective as if included in the Reserve 
Officer Personnel Management Act, title XVI of Pub. L. 103-337, as 
enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set 
out as a note under section 113 of this title.


                    Effective Date of 1994 Amendment

    Amendment by section 1631(b) of Pub. L. 103-337 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.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.


 Baccalaureate Degree Required for Appointment or Promotion of Reserve 
   Component Officers to Grades Above First Lieutenant or Lieutenant 
                             (Junior Grade)

    Pub. L. 102-190, div. A, title V, Sec. 523, Dec. 5, 1991, 105 Stat. 
1363, provided that after Sept. 30, 1995, no person could be appointed 
to a grade above grade of first lieutenant in Army Reserve, Air Force 
Reserve, or Marine Corps Reserve or to a grade above grade of lieutenant 
(junior grade) in Naval Reserve, or be federally recognized in a grade 
above grade of first lieutenant as a member of Army National Guard or 
Air National Guard, unless that person had been awarded a baccalaureate 
degree by an accredited educational institution, prior to repeal by Pub. 
L. 103-35, title II, Sec. 203(a), May 31, 1993, 107 Stat. 102. See 
section 12205 of this title.


Priority in Making Original Appointments in Guard and Reserve Components 
                 for ROTC Scholarship Program Graduates

    Pub. L. 102-190, div. A, title V, Sec. 524, Dec. 5, 1991, 105 Stat. 
1363, provided that: ``In making appointments of persons as second 
lieutenants in the Army Reserve, Air Force Reserve, or Marine Corps 
Reserve or to the grade of ensign in the Naval Reserve, or in granting 
federal recognition in the grade of second lieutenant to members of the 
Army National Guard or Air National Guard, the Secretary of the military 
department concerned shall give preference to persons who have completed 
a post-secondary program of education pursued under a ROTC scholarship 
program at a college or university accredited to award baccalaureate 
degrees or pursued under a ROTC scholarship program at an accredited 
two-year or four-year military college.''


Report on Initial Appointment of All Officers as Reserve Officers and on 
  Appropriate Active Duty Obligation of Graduates of Service Academies

    Pub. L. 101-510, div. A, title V, Sec. 524, Nov. 5, 1990, 104 Stat. 
1562, directed Secretary of Defense to submit to Congress a report on 
advantages, disadvantages, and desirability of initially appointing all 
persons commissioned as officers in the Army, Navy, Air Force, or Marine 
Corps as Reserve officers, and the appropriate active duty service 
obligation for graduates of the service academies, directed Secretary to 
submit report not later than 60 days after Nov. 5, 1990, and provided 
that if the report was not submitted by that date, all persons initially 
appointed as commissioned officers in the Army, Navy, Air Force, and 
Marine Corps after that date would be appointed as commissioned officers 
in a Reserve component of the Armed Forces, and all persons entering the 
service academies after that date would incur an obligation to serve on 
active duty for a period of five years.


  Deadline for Regulations Implementing Subsection (e) of This Section

    Section 718(b) of Pub. L. 100-180 provided that: ``The Secretary 
concerned shall prescribe regulations implementing subsection (e) of 
section 591 [now 12201(d)] of title 10, United States Code, as added by 
subsection (a), not later than 90 days after the date of the enactment 
of this Act [Dec. 4, 1987].''

                  Section Referred to in Other Sections

    This section is referred to in sections 591, 2130a of this title.
