republic-os/legal/us/code/title-10/chapter-1205/section-12208.md

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LegalText	10 U.S.C. § 12208	Officers: appointment upon transfer	us	united_states_code	code_section	10	ARMED FORCES	1205	APPOINTMENT OF RESERVE OFFICERS	12208	10 U.S.C. § 12208	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/s12208	data/legal/raw/us/code/title-10/usc10.xml	d739564cf5e1897089faa91e329af6a8b27c4c389e71cc97fde88958f05802a6	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	6911f37192d94128cb881f0dd6a0df4315b0f3945c261e5e6fef8061a6b0ae62	2026-07-04	official	legal us-code

10 U.S.C. § 12208 - Officers: appointment upon transfer

Text

(a) A person who would otherwise be required to be transferred to a reserve component under section 651 of this title or under the Military Selective Service Act (50 U.S.C. 3801 et seq.), is entitled, if he is qualified and accepted, to be appointed as an officer of any armed force that he chooses and to participate in the programs authorized for that armed force. However, unless the two Secretaries concerned consent, he may not be appointed as a Reserve of an armed force other than that from which he is transferred. All periods of his participation shall be credited against the total period of service required of him under section 651 of this title or under the Military Selective Service Act (50 U.S.C. 3801 et seq.). However, no period may be credited more than once.

(b) A person covered by subsection (a) shall perform the rest of his required term of service in the armed force in which he is so appointed or in any other armed force in which he is later appointed or enlisted.

(c) This section does not change any term of service under an appointment, enlistment, or agreement, including an agreement made before or at the time when the member entered upon a program authorized by an armed force.

(Aug. 10, 1956, ch. 1041, 70A Stat. 25, § 595; Pub. L. 96–513, title V, § 511(17), Dec. 12, 1980, 94 Stat. 2921; renumbered § 12208, Pub. L. 103–337, div. A, title XVI, § 1662(c)(2), Oct. 5, 1994, 108 Stat. 2990; Pub. L. 114–328, div. A, title X, § 1081(b)(1)(A)(ix), Dec. 23, 2016, 130 Stat. 2418.)

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 595(a)  595(b)50:929(a) (less 2d sentence, less applicability to enlistments).50:929(a) (2d sentence, and less applicability to enlistments).July 9, 1952, ch. 608, § 209 (less applicability to enlistments), 66 Stat. 484. 595(c)50:929(b) (less applicability to enlistments). In subsection (a), the words “is entitled * * * to be appointed as an officer of any armed force that he chooses” are substituted for the words “shall be permitted to * * * accept an appointment in such armed force of the United States as he may elect”. The last sentence is substituted for 50:929(a) (words within parentheses). The words “of an armed force of the United States” are omitted as surplusage. In subsection (b), the word “rest” is substituted for the words “remaining period”. The words “be required to” are omitted as surplusage. In subsection (c), the words “This section does not” are substituted for the words “Nothing in this section shall be construed”. The word “change” is substituted for the words “reduce, limit, or modify”. The words “which any person may undertake to perform” are omitted as surplusage.

Editorial Notes

References in TextThe Military Selective Service Act, referred to in subsec. (a), is title I of act June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to chapter 49 (§ 3801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see References in Text note set out under section 3801 of Title 50 and Tables.

Amendments2016—Subsec. (a). Pub. L. 114–328 substituted “(50 U.S.C. 3801 et seq.)” for “(50 U.S.C. App. 451 et seq.)” in two places. 1994—Pub. L. 103–337 renumbered section 595 of this title as this section. 1980—Subsec. (a). Pub. L. 96–513 substituted “the Military Selective Service Act (50 U.S.C. App. 451 et seq.)” for “sections 451–473 of title 50, appendix” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.