§ 532. Qualifications for original appointment as a commissioned officer

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. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 title I § 104(a) · 94 Stat. 2835

   Enacted · 10 U.S.C. § 532

   Added Pub. L. 96–513, title I, § 104(a), Dec. 12, 1980, 94 Stat. 2845

   Source evidence

   Code source credit
   Added Pub. L. 96–513, title I, § 104(a), Dec. 12, 1980, 94 Stat. 2845

   Enacted provision · exact public law section
   (a) Chapter 33 is amended by striking out the table of sections at the beginning thereof and inserting in lieu thereof the following: “Subchapter “I. Original Appointments of Regular Officers in Grades above Warrant Officer Grades “II. Appointments of Regular Warrant Officers “SUBCHAPTER I— ORIGINAL APPOINTMENTS OF REGULAR OFFICERS IN GRADES ABOVE WARRANT OFFICER GRADES “Sec. “531. Original appointments of commissioned officers. “532. Qualifications for original appointment as a commissioned officer. “533. Service credit upon original appointment as a commissioned officer. “541. Graduates of the United States Military, Naval, and Air Force Academies. “§531. Original appointments of commissioned officers “Original appointments in the grades of second lieutenant through colonel in the Regular Army, Regular Air Force, and Regular Marine Corps and in the grades of ensign through captain in the Regular Navy shall be made by the President, by and with the advice and consent of the Senate. “§532. Qualifications for original appointment as commissioned officer “(a) Under regulations prescribed by the Secretary of Defense, an original appointment as a commissioned officer (other than as a commissioned warrant officer) in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps may be given only to a person who— “(1) is a citizen of the United States; “(2) is able to complete 20 years of active commissioned service before his fifty-fifth birthday; “(3) is of good moral character; “(4) is physically qualified for active service; and “(5) has such other special qualifications as the Secretary of the military department concerned may prescribe by regulation. “(b) (1) Original appointments in the Regular Army in the Medical Corps or Dental Corps, and original appointments in the Regular Air Force with a view to designation of an officer as a medical or dental officer, may be made in the grades of first lieutenant through colonel. Original appointments in the Regular Navy in the Medical Corps or Dental Corps may be made in the grades of lieutenant (junior grade) through captain. Such appointments may be made only from persons who are qualified doctors of medicine, osteopathy, or dentistry. “(2) To be eligible for an original appointment as a medical officer, a doctor of osteopathy must— “(A) be a graduate of a college of osteopathy whose graduates are eligible to be licensed to practice medicine or surgery in a majority of the States; “(B) be licensed to practice medicine, surgery, or osteopathy in a State or in the District of Columbia; “(C) under regulations prescribed by the Secretary of Defense, have completed a number of years of osteopathic and preosteopathic education equal to the number of years of medical and premedical education prescribed for persons entering recognized schools of medicine who become doctors of medicine and who would be qualified for an original appointment in the grade for which that person is being considered for appointment; and “(D) have such other qualifications as the Secretary of the military department concerned prescribes after considering the recommendations, if any, of the Surgeon General of the armed force concerned. “(c) Original appointments in the Regular Navy or Regular Marine Corps of officers designated for limited duty snail be made under Post, pp. 2893, 2894. section 5589 or 5596 of this title. “(d) A person receiving an original appointment as a medical officer or dental officer or as a chaplain is not subject to clause (2) of subsection (a). “§533. Service credit upon original appointment as a commissioned officer “(a) (1) For the purpose of determining the grade and rank within grade of a person receiving an original appointment in a commissioned grade (other than a warrant officer grade) in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps, such person shall be credited at the time of such appointment with any active commissioned service (other than service as a commissioned warrant officer) that he performed in any armed force before such appointment. “(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 active 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, the Secretary of the military department concerned shall credit a person who is receiving an original appointment in a commissioned grade (other than a commissioned warrant officer grade) in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps and who has advanced education or training or special experience 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 in officer categories requiring such advanced education or an advanced degree as a prerequisite for appointment as a commissioned officer. (Except as provided in clause (E), in determining the years of constructive service under this clause, the Secretary concerned shall grant credit for only the number of years normally required to complete the advanced education or receive the advanced degree.) “(B) 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 appointment as an officer, if such advanced education 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 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 specialty required by the armed forces. “(D) Additional credit, in unusual cases, based on special experience in a particular field. “(E) Additional credit of one year for advanced education in a health profession if the number of years of baccalaureate education completed by 75 percent or more of the students entering advanced training in that health profession exceeds, by one or more, the minimum number of years of preprofessional education required by a majority of institutions which award degrees in that health profession. The percentage of such persons shall be computed on an annual basis for each health profession from the data for the year in which the person being appointed was admitted to a professional school. However, a person may not receive additional credit under this clause if the amount of his baccalaureate education does not exceed, by one or more, the minimum number of years of preprofessional education required by a majority of institutions which award degrees for that health profession, determined on the basis prescribed in the preceding sentence. “(F) Additional credit for experience as a physician or dentist, if appointed as a medical or dental officer in the Army or Navy or, in the case of the Air Force, with a view to designation as a medical or dental officer. “(2) Except as authorized by the Secretary concerned in individual Limitation. 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 in the grade of major in the Army, Air Force, or Marine Corps or lieutenant commander in the Navy. “(3) 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. “(c) Constructive service credited an officer under subsection (b) shall be used only for determining the officer’s— “(1) initial grade as a regular officer; “(2) rank in grade; and “(3) service in grade for promotion eligibility. “(d) (1) 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. “(2) A graduate of the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy is not entitled to service credit under this section for service performed, or education, training, or experience obtained, before graduation from such Academy. “(e) If the Secretary of Defense determines that the number of qualified judge advocates serving on active duty in the Army, Navy, Air Force, or Marine Corps in grades below major or lieutenant commander is critically below the number needed by such armed force in such grades, he may authorize the Secretary of the military department concerned to credit any person receiving an original appointment in the Judge Advocate General’s Corps of the Army or Navy, or any person 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 period of service credited such person under subsection (b)(1)) as will result in the grade of such person being that of captain or, in the case of an officer 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 active duty. “(f) An officer of a reserve component who receives an original appointment as an officer (other than a warrant officer) in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps shall be appointed in the grade and with the date of rank to which he would have been entitled had he been serving on active duty as an officer of a reserve component on the date of such original appointment as a regular officer.”.

2. 1981

   Defense Officer Personnel Management Act Technical Corrections Act

   Pub. L. 97–22 § 3(b) · 95 Stat. 124

   Substituted · 10 U.S.C. § 532(d)

   Pub. L. 97–22 substituted “medical or dental officer, as a chaplain, or as an officer designated for limited duty in the Regular Navy or Regular Marine Corps” for “medical officer or dental officer or as a chaplain”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 97–22 substituted “medical or dental officer, as a chaplain, or as an officer designated for limited duty in the Regular Navy or Regular Marine Corps” for “medical officer or dental officer or as a chaplain”.

   Enacted provision · exact public law section
   (b) Section 532(d) of such title (as added by section 104(a) of the Act (94 Stat. 2846)) is amended by striking out “medical officer or dental officer or as a chaplain” and inserting in lieu thereof “medical or dental officer, as a chaplain, or as an officer designated for limited duty in the Regular Navy or Regular Marine Corps”.

3. 1982

   Pub. L. 97–295 § 1(7) · 96 Stat. 1287

   Inserted · 10 U.S.C. § 532

   Pub. L. 97–295 inserted “a” after “original appointment as” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 97–295 inserted “a” after “original appointment as” in section catchline.

   Enacted provision · exact public law section
   (7) The catchline for section 532 is amended by inserting “a” 10 USC 532. after “original appointment as”.

4. 1991

   National Defense Authorization Act for Fiscal Years 1992 and 1993

   Pub. L. 102–190 div. A title V § 501 · 105 Stat. 1290

   Added · 10 U.S.C. § 532(e)

   Pub. L. 102–190 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 102–190 added subsec. (e).

   Enacted provision · exact public law section
   SEC. 501. INITIAL APPOINTMENT OF COMMISSIONED OFFICERS TO BE IN A RESERVE GRADE. Section 532 of title 10, United States Code, is amended by adding at the end the following new subsection: “(e) After September 30, 1996, no person may receive an original appointment as a commissioned officer in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps until that person has completed one year of service on active duty as a commissioned officer (other than a warrant officer) of a reserve component.”.

5. 1993

   Pub. L. 103–160 div. A title V § 510 · 107 Stat. 1547

   1. Amended · 10 U.S.C. § 532(d)

      Pub. L. 103–160 designated existing provisions as par. (1)

   2. Added · 10 U.S.C. § 532(d)

      Pub. L. 103–160 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 103–160 designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   SEC. 510. ORIGINAL APPOINTMENT AS REGULAR OFFICERS OF CERTAIN RESERVE OFFICERS IN HEALTH PROFESSIONS. Section 532(d) of title 10, United States Code, is amended— (1) by inserting “(1)” after “(d)”; and (2) by adding at the end the following: “(2) A reserve commissioned officer appointed in a medical skill other than as a medical officer or dental officer (as defined in regulations prescribed by the Secretary of Defense) is not subject to clause (2) of subsection (a).”.

6. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 501(a)(2) · 118 Stat. 1811

   Substituted · 10 U.S.C. § 532(a)(2)

   Pub. L. 108–375, § 501(a)(2), substituted “sixty-second birthday” for “fifty-fifth birthday”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 108–375, § 501(a)(2), substituted “sixty-second birthday” for “fifty-fifth birthday”.

   Enacted provision · exact public law section
   (2) Subsection (a)(2) of such section is amended by striking “fifty-fifth birthday” and inserting “sixty-second birthday”.

7. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 501(a)(1) · 118 Stat. 1811

   Struck · 10 U.S.C. § 532(e)

   Pub. L. 108–375, § 501(a)(1), struck out subsec. (e) which read as follows: “After September 30, 1996, no person may receive an original appointment as a commissioned officer in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps until that person has completed one year of service on active duty as a commissioned officer (other than a warrant officer) of a reserve component.”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 108–375, § 501(a)(1), struck out subsec. (e) which read as follows: “After September 30, 1996, no person may receive an original appointment as a commissioned officer in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps until that person has completed one year of service on active duty as a commissioned officer (other than a warrant officer) of a reserve component.”

   Enacted provision · exact public law section
   (1) Section 532 of title 10, United States Code, is amended by striking subsection (e).

8. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 501(a)(3)(A) · 118 Stat. 1811

   Added · 10 U.S.C. § 532(f)

   Pub. L. 108–375, § 501(a)(3)(A), added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 108–375, § 501(a)(3)(A), added subsec. (f).

   Enacted provision · exact public law section
   (A) Such section is further amended by adding at the end the following new subsection: “(f) The Secretary of Defense may waive the requirement of paragraph (1) of subsection (a) with respect to a person who has been lawfully admitted to the United States for permanent residence when the Secretary determines that the national security so requires, but only for an original appointment in a grade below the grade of major or lieutenant commander.” .

9. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title V § 534(c) · 119 Stat. 3136

   Inserted · 10 U.S.C. § 532(f)

   Pub. L. 109–163 inserted “, or for a United States national otherwise eligible for appointment as a cadet or midshipman under section 2107(a) of this title or as a cadet under section 2107a of this title,” after “for permanent residence”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 109–163 inserted “, or for a United States national otherwise eligible for appointment as a cadet or midshipman under section 2107(a) of this title or as a cadet under section 2107a of this title,” after “for permanent residence”.

   Enacted provision · exact public law section
   (c) Eligibility for Appointment as Commissioned Officers.— Section 532(f) of such title is amended by inserting “, or for a United States national otherwise eligible for appointment as a cadet or midshipman under section 2107(a) of this title or as a cadet under section 2107a of this title,” after “for permanent residence”.

10. 2011

    Ike Skelton National Defense Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 div. A title V § 501(a) · 124 Stat. 4137

    Struck · 10 U.S.C. § 532(d)(2)

    Pub. L. 111–383 struck out “reserve” before “commissioned officer”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 111–383 struck out “reserve” before “commissioned officer”.

    Enacted provision · exact public law section
    (a) Age for Original Appointment as Health Professions Officer.— Section 532(d)(2) of title 10, United States Code, is amended by striking “reserve”.

11. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 501(a) · 132 Stat. 1636

    1. Redesignated · 10 U.S.C. § 532(a)(2)(5)

       Pub. L. 115–232, § 501(a), redesignated pars. (3) to (5) as (2) to (4), respectively

    2. Struck · 10 U.S.C. § 532(a)(2)(5)

       Pub. L. 115–232, § 501(a), struck out former par. (2) which read as follows: “is able to complete 20 years of active commissioned service before his sixty-second birthday;”

    Source evidence

    Code amendment note
    Subsec. (a)(2) to (5). Pub. L. 115–232, § 501(a), redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: “is able to complete 20 years of active commissioned service before his sixty-second birthday;”.

    Enacted provision · exact public law section
    (a) Repeal.— Subsection (a) of section 532 of title 10, United States Code, is amended— (1) by striking paragraph (2); and (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively.

    Effective date note
    Pub. L. 115–232, div. A, title V, § 501(c), Aug. 13, 2018, 132 Stat. 1739, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Aug. 13, 2018], and shall apply with respect to original appointments of regular commissioned officers of the Armed Forces made on or after that date.” Amendment by section 809(a) of Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

12. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 809(a) · 132 Stat. 1636

    Substituted · 10 U.S.C. § 532(c)

    Pub. L. 115–232, § 809(a), substituted “section 8139 or 8146” for “section 5589 or 5596”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–232, § 809(a), substituted “section 8139 or 8146” for “section 5589 or 5596”.

    Enacted provision · exact public law section
    (a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.

    Effective date note
    Pub. L. 115–232, div. A, title V, § 501(c), Aug. 13, 2018, 132 Stat. 1739, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Aug. 13, 2018], and shall apply with respect to original appointments of regular commissioned officers of the Armed Forces made on or after that date.” Amendment by section 809(a) of Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

13. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 501(b) · 132 Stat. 1636

    Struck · 10 U.S.C. § 532(d)

    Pub. L. 115–232, § 501(b), struck out subsec. (d) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 115–232, § 501(b), struck out subsec. (d) which read as follows:

    “(1) A person receiving an original appointment as a medical or dental officer, as a chaplain, or as an officer designated for limited duty in the Regular Navy or Regular Marine Corps is not subject to clause (2) of subsection (a). “(2) A commissioned officer appointed in a medical skill other than as a medical officer or dental officer (as defined in regulations prescribed by the Secretary of Defense) is not subject to clause (2) of subsection (a).”

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Such section is further amended by striking subsection (d).

    Effective date note
    Pub. L. 115–232, div. A, title V, § 501(c), Aug. 13, 2018, 132 Stat. 1739, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Aug. 13, 2018], and shall apply with respect to original appointments of regular commissioned officers of the Armed Forces made on or after that date.” Amendment by section 809(a) of Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

14. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 924(b)(4)(B) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 532(a)

    Pub. L. 116–283 substituted “Regular Marine Corps, or Regular Space Force” for “or Regular Marine Corps” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–283 substituted “Regular Marine Corps, or Regular Space Force” for “or Regular Marine Corps” in introductory provisions.

    Enacted provision · exact public law section
    (B) Section 532(a) in the matter preceding paragraph (1).

15. 2023

    Space Force Personnel Management Act

    Pub. L. 118–31 div. A title XVII § 1716(b)(3) · 137 Stat. 136

    Substituted · 10 U.S.C. § 532(a)

    Pub. L. 118–31 substituted “or Regular Marine Corps” for “Regular Marine Corps, or Regular Space Force” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 118–31 substituted “or Regular Marine Corps” for “Regular Marine Corps, or Regular Space Force” in introductory provisions.

    Enacted provision · exact public law section
    (3) Qualifications for original appointment as a commissioned officer.— Section 532(a) of such title is amended by striking “Regular Marine Corps, or Regular Space Force” and inserting “or Regular Marine Corps”.

17 of 17 references resolved to an enrolled provision