§ 12205. Commissioned officers: appointment; educational requirement

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1992

   National Defense Authorization Act for Fiscal Year 1993

   Pub. L. 102–484 div. A title V § 515(a) · 106 Stat. 2315

   Enacted · 10 U.S.C. § 12205

   Added Pub. L. 102–484, div. A, title V, § 515(a), Oct. 23, 1992, 106 Stat. 2406, § 596

   Source evidence

   Code source credit
   Added Pub. L. 102–484, div. A, title V, § 515(a), Oct. 23, 1992, 106 Stat. 2406, § 596

   Enacted provision · exact public law section
   (a) In General.— Chapter 34 of title 10, United States Code, is amended by inserting after section 595 the following new section: “§ 596. Commissioned officers: appointment; educational requirement “(a) In General.— After September 30, 1995, no person may be appointed to a grade above the grade of first lieutenant in the Army Reserve, Air Force Reserve, or Marine Corps Reserve or to a grade above the grade of lieutenant (junior grade) in the Naval Reserve, or be federally recognized in a grade above the grade of first lieutenant as a member of the Army National Guard or Air National Guard, unless that person has been awarded a baccalaureate degree by an accredited educational institution. “(b) Exceptions.— Subsection (a) does not apply to the following: “(1) The appointment to or recognition in a higher grade of a person who is appointed in or assigned for service in a health profession for which a baccalaureate degree is not a condition of original appointment or assignment. “(2) The appointment in the Naval Reserve or Marine Corps Reserve of an individual appointed for service as an officer designated as a limited duty officer. “(3) The appointment in the Naval Reserve of an individual appointed for service under the Naval Aviation Cadet (NAVCAD) program. “(4) The appointment to or recognition in a higher grade of any person who was appointed to, or federally recognized in, the grade of captain or, in the case of the Navy, lieutenant before October 1, 1995.”.

2. 1994

   Reserve Officer Personnel Management Act

   Pub. L. 103–337 § 1662(c)(2) · 108 Stat. 2663

   Changed · 10 U.S.C. § 12205

   Pub. L. 103–337, § 1662(c)(2), renumbered section 596 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 103–337, § 1662(c)(2), renumbered section 596 of this title as this section.

   Enacted provision · exact public law section
   (C) by striking out footnote 2 to the table and redesignating footnotes 3 and 4 as footnotes 2 and 3, respectively; and

3. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 § 519(1) · 108 Stat. 2663

   Substituted · 10 U.S.C. § 12205(a)

   Pub. L. 103–337, § 519(1), substituted “a qualifying educational institution” for “an accredited educational institution”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–337, § 519(1), substituted “a qualifying educational institution” for “an accredited educational institution”.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking out “an accredited educational institution” and inserting in lieu thereof “a qualifying educational institution”; and

4. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 § 520(b) · 108 Stat. 2663

   Substituted · 10 U.S.C. § 12205(b)(2); 10 U.S.C. § 12205(b)(3)

   Pub. L. 103–337, § 520(b), substituted “a person” for “an individual”

   Source evidence

   Code amendment note
   Subsec. (b)(2), (3). Pub. L. 103–337, § 520(b), substituted “a person” for “an individual”.

   Enacted provision · exact public law section
   (b) Conforming Stylistic Amendments.— Such subsection is further amended by striking out “an individual” in paragraphs (2) and (3) and inserting in lieu thereof “a person”.

5. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 § 520(a) · 108 Stat. 2663

   Added · 10 U.S.C. § 12205(b)(5)

   Pub. L. 103–337, § 520(a), added par. (5)

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 103–337, § 520(a), added par. (5).

   Enacted provision · exact public law section
   (a) In General.— Subsection (b) of section 596 of title 10, United States Code, is amended by adding at the end the following new paragraph: “(5) Recognition in the grade of captain or major in the Alaska Army National Guard of a person who resides permanently at a location in Alaska that is more than 50 miles from each of the cities of Anchorage, Fairbanks, and Juneau, Alaska, by paved road and who is serving in a Scout unit or a Scout supporting unit.”.

6. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 § 519(2) · 108 Stat. 2663

   Added · 10 U.S.C. § 12205(c)

   Pub. L. 103–337, § 519(2), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–337, § 519(2), added subsec. (c).

   Enacted provision · exact public law section
   (2) by adding at the end the following new subsection: “(c) Qualifying Educational Institutions.— (1) A qualifying educational institution for purposes of this section is an educational institution that is accredited or that meets the requirements of paragraph (2). “(2) (A) An unaccredited educational institution shall be considered to be a qualifying educational institution for purposes of the appointment or recognition of a person who is a graduate of that institution if the Secretary concerned determines that (as of the year of the graduation of that person from that institution) at least three educational institutions that are accredited and that maintain Reserve Officers’ Training Corps programs each generally grant baccalaureate degree credit for completion of courses of the unaccredited institution equivalent to the baccalaureate degree credit granted by the unaccredited institution for the completion of those courses. “(B) In order to assist the Secretary concerned in making determinations under subparagraph (A), any unaccredited institution that seeks to be considered to be a qualifying educational institution for purposes of this paragraph shall submit to the Secretary of Defense each year such information as the Secretary may require concerning the program of instruction at that institution. “(C) In the case of a person with a degree from an unaccredited institution that is a qualifying educational institution under this paragraph, the degree may not have been awarded more than three years before the date on which the person is to be appointed to, or recognized in, the grade of captain or, in the case of the Naval Reserve, lieutenant, in order for that person to be considered for purposes of subsection (a) to have been awarded a baccalaureate degree by a qualifying educational institution.”.

7. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 1074(a)(22) · 110 Stat. 2422

   Substituted · 10 U.S.C. § 12205(a)

   Pub. L. 104–201, § 1074(a)(22), substituted “No person” for “After September 30, 1995, no person”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–201, § 1074(a)(22), substituted “No person” for “After September 30, 1995, no person”.

   Enacted provision · exact public law section
   (22) Section 12205(a) is amended by striking out “After September 30, 1995, no person” and inserting in lieu thereof “No person”.

8. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 505 · 110 Stat. 2422

   Inserted · 10 U.S.C. § 12205(b)(3)

   Pub. L. 104–201, § 505, inserted “or the Seaman to Admiral program” after “(NAVCAD) program”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 104–201, § 505, inserted “or the Seaman to Admiral program” after “(NAVCAD) program”.

   Enacted provision · exact public law section
   SEC. 505. EXCEPTION TO BACCALAUREATE DEGREE REQUIREMENT FOR APPOINTMENT IN THE NAVAL RESERVE IN GRADES ABOVE O–2. Section 12205(b)(3) of title 10, United States Code, is amended by inserting “or the Seaman to Admiral program” after “(NAVCAD) program”.

9. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 504 · 110 Stat. 2422

   Substituted · 10 U.S.C. § 12205(c)(2)(C)

   Pub. L. 104–201, § 504, substituted “eight years” for “three years”

   Source evidence

   Code amendment note
   Subsec. (c)(2)(C). Pub. L. 104–201, § 504, substituted “eight years” for “three years”.

   Enacted provision · exact public law section
   SEC. 504. TIME FOR AWARD OF DEGREES BY UNACCREDITED EDUCATIONAL INSTITUTIONS FOR GRADUATES TO BE CONSIDERED EDUCATIONALLY QUALIFIED FOR APPOINTMENT AS RESERVE OFFICERS IN GRADE O–3. Section 12205(c)(2)(C) of title 10, United States Code, is amended by striking out “three years” and inserting in lieu thereof “eight years”.

10. 2001

    National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 div. A title V § 512(a) · 115 Stat. 1012

    Added · 10 U.S.C. § 12205(d)

    Pub. L. 107–107 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 107–107 added subsec. (d).

    Enacted provision · exact public law section
    (a) Reauthorization of Waiver Authority for Army OCS Graduates and Inclusion of Certain Marine Officers.— Section 12205 of title 10, United States Code, is amended by adding at the end the following new subsection: “(d) Waiver Authority for Army OCS Graduates and Certain Marine Corps Officers.— (1) The Secretary of the Army may waive the applicability of subsection (a) to any officer whose original appointment in the Army as a Reserve officer is through the Army Officer Candidate School program. “(2) The Secretary of the Navy may waive the applicability of subsection (a) to any officer whose original appointment in the Marine Corps as a Reserve officer is through the Marine Corps meritorious commissioning program. “(3) Any such waiver shall be made on a case-by-case basis, considering the individual circumstances of the officer involved, and may continue in effect for no more than two years after the waiver is granted. The Secretary concerned may provide for such a waiver to be effective before the date of the waiver, as appropriate in an individual case.”.

    Effective date note
    Pub. L. 107–107, div. A, title V, § 512(b), Dec. 28, 2001, 115 Stat. 1092, provided that: “Subsection (d) of section 12205 of title 10, United States Code, as added by subsection (a), shall apply with respect to officers appointed before, on, or after the date of the enactment of this Act [Dec. 28, 2001].”

11. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title V § 515(b)(1)(KK) · 119 Stat. 3136

    Substituted · 10 U.S.C. § 12205(a); 10 U.S.C. § 12205(b)(2); 10 U.S.C. § 12205(3); 10 U.S.C. § 12205(c)(2)(C)

    Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”

    Source evidence

    Code amendment note
    Subsecs. (a), (b)(2), (3), (c)(2)(C). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.

    Enacted provision · exact public law section
    (KK) Section 12205.

11 of 11 references resolved to an enrolled provision