10 U.S. Code § 12207 - Commissioned officers: service credit upon original appointment
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, § 1629(a)(1), (c)(1) and Pub. L. 104–106, § 1501(c)(26).
2021—Subsec. (b)(1). Pub. L. 116–283, § 502(b)(1), substituted “and who has special training or experience, or advanced education (if applicable),” for “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,” in introductory provisions. Amendment was executed to reflect the probable intent of Congress due to omission of words “by striking” in directory language.
Subsec. (b)(1)(D). Pub. L. 116–283, § 502(b)(2), added subpar. (D) and struck out former subpar. (D) which read as follows: “Additional credit for special training or experience in a particular officer career field as designated by the Secretary concerned, if such training or experience is directly related to the operational needs of the armed force concerned.”
2018—Subsec. (b)(1)(D). Pub. L. 115–232, § 502(b)(1)(A), added subpar. (D) and struck out former subpar. (D) which read as follows: “Additional credit, in unusual cases, based on special experience in a particular field.”
Subsec. (b)(3). Pub. L. 115–232, § 502(b)(1)(B), added par. (3) and struck out former par. (3) which read as follows: “Except as authorized by the Secretary concerned in individual cases and under regulations prescribed by the Secretary of Defense in the case of officers covered by paragraph (2), 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.”
Subsecs. (e) to (g). Pub. L. 115–232, § 502(b)(2), redesignated subsecs. (f) and (g) as (e) and (f), respectively, substituted “or (d)” for “, (d), or (e)” in introductory provisions of subsec. (e), and struck out former subsec. (e) which related to constructive service credited to commissioned officers with cyberspace-related experience or advanced education in reserve active-status.
2017—Subsec. (a)(2). Pub. L. 115–91, § 512(a)(1), inserted “or (e)” after “subsection (b)”.
Subsec. (e). Pub. L. 115–91, § 512(a)(3), added subsec. (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 115–91, § 512(a)(2), (4), redesignated subsec. (e) as (f) and substituted “, (d), or (e)” for “or (d)”. Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 115–91, § 512(a)(2), redesignated subsec. (f) as (g).
2008—Subsec. (b)(2). Pub. L. 110–181, § 512(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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 Navy Reserve, lieutenant.”
Subsec. (b)(3). Pub. L. 110–181, § 512(b), substituted “officers covered by paragraph (2)” for “a medical or dental officer”.
2006—Subsec. (b)(2). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.
1994—Pub. L. 103–337, § 1662(c)(2), renumbered section 596b of this title as this section.
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.
For provisions requiring submission to Congress of reports on the use of the authorities in subsec. (b)(1)(D) of this section, see section 502(c) of Pub. L. 116–283, set out as a note under section 533 of this title.