10 U.S.C. § 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 Pub. L. 100–456, div. A, title XII, § 1234(a)(1)Sept. 29, 1988102 Stat. 2059 Pub. L. 103–337, div. A, title XVI, § 1662(c)(2)Oct. 5, 1994108 Stat. 2990 Pub. L. 109–163, div. A, title X, § 1057(a)(2)Jan. 6, 2006119 Stat. 3440(, , § 594; , , ; renumbered § 12204, , , ; , , .)

Historical and Revision Notes
Revised section	Source (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.

Editorial Notes

Amendments

Pub. L. 109–1632006—Subsec. (b). struck out “and Territories” after “States”.

Pub. L. 103–337 section 594 of this title1994— renumbered as this section.

Pub. L. 100–4561988—Subsec. (b). struck out “the Canal Zone,” after “Puerto Rico,”.