
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: 10USC12208]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
              CHAPTER 1205--APPOINTMENT OF RESERVE OFFICERS
 
Sec. 12208. Officers: appointment upon transfer

    (a) A person who would otherwise be required to be transferred to a 
reserve component under section 651 of this title or under the Military 
Selective Service Act (50 U.S.C. App. 451 et seq.), is entitled, if he 
is qualified and accepted, to be appointed as an officer of any armed 
force that he chooses and to participate in the programs authorized for 
that armed force. However, unless the two Secretaries concerned consent, 
he may not be appointed as a Reserve of an armed force other than that 
from which he is transferred. All periods of his participation shall be 
credited against the total period of service required of him under 
section 651 of this title or under the Military Selective Service Act 
(50 U.S.C. App. 451 et seq.). However, no period may be credited more 
than once.
    (b) A person covered by subsection (a) shall perform the rest of his 
required term of service in the armed force in which he is so appointed 
or in any other armed force in which he is later appointed or enlisted.
    (c) This section does not change any term of service under an 
appointment, enlistment, or agreement, including an agreement made 
before or at the time when the member entered upon a program authorized 
by an armed force.

(Aug. 10, 1956, ch. 1041, 70A Stat. 25, Sec. 595; Pub. L. 96-513, title 
V, Sec. 511(17), Dec. 12, 1980, 94 Stat. 2921; renumbered Sec. 12208, 
Pub. L. 103-337, div. A, title XVI, Sec. 1662(c)(2), Oct. 5, 1994, 108 
Stat. 2990.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
595(a)................................  50:929(a) (less 2d sentence, less    Ju
ly 9, 1952, ch. 608, Sec.  209
                                         applicability to enlistments).       (
less applicability to
                                        50:929(a) (2d sentence, and less      e
nlistments), 66 Stat. 484.
595(b)................................   applicability to enlistments).
595(c)................................  50:929(b) (less applicability to
                                         enlistments).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``is entitled * * * to be appointed as 
an officer of any armed force that he chooses'' are substituted for the 
words ``shall be permitted to * * * accept an appointment in such armed 
force of the United States as he may elect''. The last sentence is 
substituted for 50:929(a) (words within parentheses). The words ``of an 
armed force of the United States'' are omitted as surplusage.
    In subsection (b), the word ``rest'' is substituted for the words 
``remaining period''. The words ``be required to'' are omitted as 
surplusage.
    In subsection (c), the words ``This section does not'' are 
substituted for the words ``Nothing in this section shall be 
construed''. The word ``change'' is substituted for the words ``reduce, 
limit, or modify''. The words ``which any person may undertake to 
perform'' are omitted as surplusage.

                       References in Text

    The Military Selective Service Act, referred to in subsec. (a), is 
act June 24, 1948, ch. 625, 62 Stat. 604, as amended, which is 
classified principally to section 451 et seq. of Title 50, Appendix, War 
and National Defense. For complete classification of this Act to the 
Code, see note set out under section 451 of Title 50, Appendix, and 
Tables.


                               Amendments

    1994--Pub. L. 103-337 renumbered section 595 of this title as this 
section.
    1980--Subsec. (a). Pub. L. 96-513 substituted ``the Military 
Selective Service Act (50 U.S.C. App. 451 et seq.)'' for ``sections 451-
473 of title 50, appendix'' wherever appearing.


                    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.
