2013 US Code
Title 10 - Armed Forces
Subtitle E - Reserve Components (§§ 10001 - 18506)
Part II - PERSONNEL GENERALLY (§§ 12001 - 12774)
Chapter 1205 - APPOINTMENT OF RESERVE OFFICERS (§§ 12201 - 12215)
Section 12204 - Commissioned officers: original appointment; limitation

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 10 - ARMED FORCES
Subtitle E - Reserve Components
PART II - PERSONNEL GENERALLY
CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS
Sec. 12204 - Commissioned officers: original appointment; limitation
Containssection 12204
Date2013
Laws in Effect as of DateJanuary 16, 2014
Positive LawYes
Dispositionstandard
Source CreditAug. 10, 1956, ch. 1041, 70A Stat. 25, §594; Pub. L. 100-456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; renumbered §12204, Pub. L. 103-337, div. A, title XVI, §1662(c)(2), Oct. 5, 1994, 108 Stat. 2990; Pub. L. 109-163, div. A, title X, §1057(a)(2), Jan. 6, 2006, 119 Stat. 3440.
Statutes at Large References66 Stat. 487
102 Stat. 2059
108 Stat. 2990
119 Stat. 3440
Public Law ReferencesPublic Law 100-456, Public Law 103-337, Public Law 109-163

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Commissioned officers: original appointment; limitation - 10 U.S.C. § 12204 (2013)
§12204. Commissioned officers: original appointment; limitation

(a) No person may be appointed as a Reserve in a commissioned grade above major or lieutenant commander, unless—

(1) he was formerly a commissioned officer of an armed force; or

(2) such an appointment is recommended by a board of officers convened by the Secretary concerned.


(b) This section does not apply to adjutants general and assistant adjutants general of the several States, Puerto Rico, and the District of Columbia.

(Aug. 10, 1956, ch. 1041, 70A Stat. 25, §594; Pub. L. 100–456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; renumbered §12204, Pub. L. 103–337, div. A, title XVI, §1662(c)(2), Oct. 5, 1994, 108 Stat. 2990; Pub. L. 109–163, div. A, title X, §1057(a)(2), Jan. 6, 2006, 119 Stat. 3440.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
594(a) 50:941(c) (less 1st 21 words). July 9, 1952, ch. 608 §217(c), 66 Stat. 487.
594(b) 50:941(c) (1st 21 words).

In subsection (a), the words "unless * * * he was formerly" are substituted for the words "has not held an appointment as". The words "or any component thereof" are omitted as surplusage.

AMENDMENTS

2006—Subsec. (b). Pub. L. 109–163 struck out "and Territories" after "States".

1994—Pub. L. 103–337 renumbered section 594 of this title as this section.

1988—Subsec. (b). Pub. L. 100–456 struck out "the Canal Zone," after "Puerto Rico,".

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