
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: 10USC12209]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
              CHAPTER 1205--APPOINTMENT OF RESERVE OFFICERS
 
Sec. 12209. Officer candidates: enlisted Reserves

    (a) Within such numbers as the Secretary concerned may prescribe, 
enlisted Reserves may, with their consent, be selected for training as 
officer candidates. Enlisted Reserves so selected shall be designated as 
officer candidates during that training. However, no member of the Army 
National Guard of the United States or the Air National Guard of the 
United States may be so selected or designated unless--
        (1) he is on active duty; or
        (2) the governor or other appropriate authority of the 
    jurisdiction concerned consents.

    (b) The enlistment or term of service of a Reserve who is designated 
as an officer candidate under this section is extended to include any 
period, beyond its normal expiration date, during which he is an officer 
candidate.
    (c) While he is on active duty, other than active duty for training 
without pay, or performing authorized travel to and from that duty, an 
officer candidate designated under this section is entitled to the pay 
and allowances of his enlisted grade, but not less than those prescribed 
for pay grade E-2.
    (d) An officer candidate designated under this section may not 
participate in the program of a reserve officer training corps of any 
armed force.

(Aug. 10, 1956, ch. 1041, 70A Stat. 26, Sec. 600; renumbered Sec. 12209, 
Pub. L. 103-337, div. A, title XVI, Sec. 1662(c)(3), Oct. 5, 1994, 108 
Stat. 2990; Pub. L. 104-106, div. A, title XV, Sec. 1501(b)(12)(A), Feb. 
10, 1996, 110 Stat. 496.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
600(a)................................  50:935(a).                           Ju
ly 9, 1952, ch. 608, Secs.
600(b)................................  50:954(a).                            2
15(a), 230, 242, 66 Stat. 486,
600(c)................................  50:973.                               4
89, 492.
600(d)................................  50:954(b).
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---------------------------------

    In subsection (a), the words ``who is not in active Federal 
service'' are substituted for the words ``when not in the active 
military service of the United States''. The word ``during'' is 
substituted for the words ``for the period of''.
    In subsection (c), the words ``active duty other than active duty 
for training without pay'' are substituted for the words ``active duty 
or active duty for training with pay''. The words ``enlisted members of 
the reserve components designated as'', ``enlisted'', and ``under the 
Career Compensation Act of 1949, as amended'' are omitted as surplusage.


                               Amendments

    1996--Pub. L. 104-106 substituted ``candidates: enlisted Reserves'' 
for ``candidates'' in section catchline.
    1994--Pub. L. 103-337 renumbered section 600 of this title as this 
section.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in title 14 section 705; title 37 
section 205.
