republic-os/legal/us/code/title-10/chapter-1205/section-12203.md

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LegalText	10 U.S.C. § 12203	Commissioned officers: appointment, how made; term	us	united_states_code	code_section	10	ARMED FORCES	1205	APPOINTMENT OF RESERVE OFFICERS	12203	10 U.S.C. § 12203	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip	/us/usc/t10/s12203	data/legal/raw/us/code/title-10/usc10.xml	d1a740f5d8720eaab7820c2fb8a105a5678301a5a78658746138d506007c495b	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	0f763c78937460830f44502bb42a1cd9c422cf25441d1e19bef75879b6bfea42	2026-07-04	official	legal us-code

10 U.S.C. § 12203 - Commissioned officers: appointment, how made; term

Text

(a) Appointments of reserve officers in commissioned grades of lieutenant colonel and commander or below, except commissioned warrant officer, shall be made by the President alone. Appointments of reserve officers in commissioned grades above lieutenant colonel and commander shall be made by the President, by and with the advice and consent of the Senate, except as provided in section 624, 12213, or 12214 of this title.

(b) Subject to the authority, direction, and control of the President, the Secretary of Defense may appoint as a reserve commissioned officer any regular officer transferred from the active-duty list of an armed force to the reserve active-status list of a reserve component under section 647 of this title, notwithstanding the requirements of subsection (a).

(c) Appointments of Reserves in commissioned grades are for an indefinite term and are held during the pleasure of the President.

(Aug. 10, 1956, ch. 1041, 70A Stat. 25, § 593; Pub. L. 85–861, § 1(10)(C), Sept. 2, 1958, 72 Stat. 1440; Pub. L. 92–129, title VI, § 601, Sept. 28, 1971, 85 Stat. 361; Pub. L. 96–513, title V, § 501(7), Dec. 12, 1980, 94 Stat. 2907; renumbered § 12203 and amended Pub. L. 103–337, div. A, title XVI, §§ 1632, 1662(c)(2), 1675(b)(1), Oct. 5, 1994, 108 Stat. 2965, 2990, 3017; Pub. L. 104–106, div. A, title XV, § 1501(a)(6), Feb. 10, 1996, 110 Stat. 495; Pub. L. 108–375, div. A, title V, § 501(c)(4), Oct. 28, 2004, 118 Stat. 1874; Pub. L. 111–383, div. A, title X, § 1075(b)(54), Jan. 7, 2011, 124 Stat. 4372; Pub. L. 116–92, div. A, title V, § 501(b), Dec. 20, 2019, 133 Stat. 1343.)

Notes

Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 593(a) 593(b)50:942.50:943.50:945.50:948 (less 3d and 4th sentences, as applicable to commissioned officers).July 9, 1952, ch. 608, §§ 218, 219, 221, 224 (less 3d and 4th sentences, as applicable to commissioned officers), 66 Stat. 487. In subsection (a), the word “alone” is inserted for clarity. The exception as to commissioned warrant officers is inserted to reflect section 597 of this title, since reserve chief warrant officers of the Navy, Marine Corps, and Coast Guard are appointed by commission by the Secretary concerned. In subsection (b), 50:948 (2d and last sentences) is omitted as executed.

1958 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 593(a)[No source].[No source]. The exception is inserted to reflect section 3352(b) of title 10, United States Code.

Editorial Notes

Amendments2019—Subsec. (b). Pub. L. 116–92 substituted “the Secretary of Defense” for “the Secretary concerned”. 2011—Subsec. (a). Pub. L. 111–383 substituted “of” for “above” in first sentence. 2004—Subsecs. (b), (c). Pub. L. 108–375 added subsec. (b) and redesignated former subsec. (b) as (c). 1996—Subsec. (a). Pub. L. 104–106 made technical correction to directory language of Pub. L. 103–337, § 1632. See 1994 Amendment note below. 1994—Pub. L. 103–337, § 1662(c)(2), renumbered section 593 of this title as this section. Subsec. (a). Pub. L. 103–337, § 1675(b), substituted “12213, or 12214” for “3352, or 8352”. Pub. L. 103–337, § 1632, as amended by Pub. L. 104–106, substituted “reserve officers in commissioned grades of lieutenant colonel and commander or below” for “Reserves in commissioned grades below lieutenant colonel and commander” and “reserve officers in commissioned grades above lieutenant colonel and commander” for “Reserves in commissioned grades above major and lieutenant commander”. 1980—Subsec. (a). Pub. L. 96–513 inserted reference to section 624 of this title. 1971—Subsec. (a). Pub. L. 92–129 substituted “below lieutenant colonel and commander” for “below general officer and flag officer”, “in commissioned grades above major and lieutenant commander” for “as general and flag officers”, and “section 3352 or 8352 of this title” for “section 3352 of this title”. 1958—Subsec. (a). Pub. L. 85–861 inserted “, except as provided in section 3352 of this title” after “consent of the Senate”.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 AmendmentAmendment by Pub. L. 108–375 effective on the first day of the first month beginning more than 180 days after Oct. 28, 2004, see section 501(g) of Pub. L. 108–375, set out as a note under section 531 of this title.

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.

Effective Date of 1994 AmendmentAmendment by sections 1662(c)(2) and 1675(b)(1) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, and amendment by section 1632 of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Indefinite Appointments for Certain Reserve OfficersAct Aug. 10, 1956, ch. 1041, § 41, 70A Stat. 636, provided that: “Each person who was a reserve officer on July 9, 1952, and who did not hold an appointment for an indefinite term on that date, shall be given an appointment for an indefinite term in place of the appointment he then held, if after written notification by competent authority before July 2, 1953, the officer agrees in writing to have that appointment continued for an indefinite term. In the event such officer does not agree in writing, the term of his current appointment shall not be changed by this section.”

Executive Documents

Delegation of Functions For assignment of functions of President under first sentence of subsec. (a) of this section, see sections 1(b) and 2(b) of Ex. Ord. No. 13358, Sept. 28, 2004, 69 F.R. 58797, set out as a note under section 301 of Title 3, The President.