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 12209 - Officer candidates: enlisted Reserves
| Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 10 - ARMED FORCES Subtitle E - Reserve Components PART II - PERSONNEL GENERALLY CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS Sec. 12209 - Officer candidates: enlisted Reserves |
| Contains | section 12209 |
| Date | 2013 |
| Laws in Effect as of Date | January 16, 2014 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 26, §600; renumbered §12209, Pub. L. 103-337, div. A, title XVI, §1662(c)(3), Oct. 5, 1994, 108 Stat. 2990; Pub. L. 104-106, div. A, title XV, §1501(b)(12)(A), Feb. 10, 1996, 110 Stat. 496. |
| Statutes at Large References | 66 Stat. 486 108 Stat. 2990 110 Stat. 496 |
| Public Law References | Public Law 103-337, Public Law 104-106 |
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(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, §600; renumbered §12209, Pub. L. 103–337, div. A, title XVI, §1662(c)(3), Oct. 5, 1994, 108 Stat. 2990; Pub. L. 104–106, div. A, title XV, §1501(b)(12)(A), Feb. 10, 1996, 110 Stat. 496.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 600(a) 600(b) 600(c) 600(d) | 50:935(a). 50:954(a). 50:973. 50:954(b). | July 9, 1952, ch. 608, §§215(a), 230, 242, 66 Stat. 486, 489, 492. |
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.
AMENDMENTS1996—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 AMENDMENTAmendment 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.
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