
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: 10USC12207]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
              CHAPTER 1205--APPOINTMENT OF RESERVE OFFICERS
 
Sec. 12207. Commissioned officers: service credit upon original 
        appointment
        
    (a)(1) For the purpose of determining the grade and the rank within 
grade of a person receiving an original appointment as a reserve 
commissioned officer (other than a commissioned warrant officer) in the 
Army, Navy, Air Force, or Marine Corps, the person shall be credited at 
the time of the appointment with any commissioned service (other than 
service as a commissioned warrant officer) performed before such 
appointment as a regular officer, or as a reserve officer in an active 
status, in any armed force, the National Oceanic and Atmospheric 
Administration, or the Public Health Service.
    (2) The Secretary of Defense shall prescribe regulations, which 
shall apply uniformly among the Army, Navy, Air Force, and Marine Corps, 
to authorize the Secretary of the military department concerned to limit 
the amount of prior commissioned service 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 with constructive service under subsection (b).
    (b)(1) Under regulations prescribed by the Secretary of Defense, a 
person who is receiving an original appointment as a reserve 
commissioned officer (other than a commissioned warrant officer) of the 
Army, Navy, Air Force, or Marine Corps, or a designation in, or an 
assignment to, an officer category in which advanced education or 
training is required and who has advanced education or training, shall 
be credited 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, 
    or assigned to, officer categories requiring such advanced education 
    or an advanced degree as a prerequisite for such appointment, 
    designation, or assignment. In determining the number of years of 
    constructive service to be credited under this subparagraph 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 such appointment, designation, or assignment, if such 
    advanced education will be directly used by the armed force 
    concerned.
        (ii) Credit for experience in a health profession (other than 
    medicine or dentistry), if such experience will be directly used by 
    the armed force concerned.
        (C) Additional credit of (i) not more than one year for 
    internship or equivalent graduate medical, dental, or other formal 
    health 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 
    speciality required by the armed force concerned.
        (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, assigned, or designated as a medical or dental 
    officer.

    (2) If the Secretary of Defense determines that the number of 
medical or dental officers serving in an active status in a reserve 
component of the Army, Navy, or Air Force in grades below major or 
lieutenant commander is critically below the number needed by such 
reserve component in such grades, the Secretary of Defense may authorize 
the Secretary of the military department concerned to credit any person 
who is receiving an original appointment for service as a medical or 
dental officer with a period of constructive credit in such amount (in 
addition to any amount credited such person under subsection (b)) as 
will result in the grade of such person being that of captain or, in the 
case of the Naval Reserve, lieutenant.
    (3) Except as authorized by the Secretary concerned 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 as a reserve officer of the Army, Air Force, or Marine Corps 
in the grade of major or as a reserve officer of the Navy in the grade 
of lieutenant commander.
    (4) 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 assignment to or designation in an officer category in which 
advanced education or training or special experience is required.
    (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 on active duty 
or 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 the active-duty list of the Army, 
Navy, Air Force, or Marine Corps in grades below lieutenant commander or 
major is critically below the number needed by that armed force in those 
grades, the Secretary of Defense may authorize the Secretary of the 
military department concerned to credit any person who is receiving an 
original appointment with a view to assignment to the Judge Advocate 
General's Corps of the Army or appointment to the Judge Advocate 
General's Corps of the Navy, or who is receiving an original appointment 
in the Air Force or 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 being that of captain or, in the 
case of the Navy, lieutenant, and the date of rank of such person being 
junior to that of all other officers of the same grade serving on the 
active-duty list.
    (e) Constructive service credited an officer under subsection (b) or 
(d) shall be used only for determining the officer's--
        (1) initial grade as a reserve officer;
        (2) rank in grade; and
        (3) service in grade for promotion eligibility.

    (f) The grade and position on the reserve active-status list of a 
person receiving an appointment as a reserve officer who at the time of 
appointment is credited with service under this section shall be 
determined under regulations prescribed by the Secretary of Defense 
based upon the amount of service credited.

(Added Sec. 596b and renumbered Sec. 12207, Pub. L. 103-337, div. A, 
title XVI, Secs. 1634, 1662(c)(2), Oct. 5, 1994, 108 Stat. 2965, 2990.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
sections 3353, 5600, and 8353 of this title, prior to repeal by Pub. L. 
103-337, Sec. 1629(a)(1), (c)(1) and Pub. L. 104-106, Sec. 1501(c)(26).


                               Amendments

    1994--Pub. L. 103-337, Sec. 1662(c)(2), renumbered section 596b of 
this title as this section.


                             Effective Date

    Section 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2121, 12320 of this title.
