US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 12208

Officers: appointment upon transfer

(a)
section 651 of this title50 U.S.C. 3801section 651 of this title50 U.S.C. 3801 A person who would otherwise be required to be transferred to a reserve component under or under the Military Selective Service Act ( 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 or under the Military Selective Service Act ( 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. 104170A Stat. 25Pub. L. 96–513, title V, § 511(17)94 Stat. 2921Pub. L. 103–337, div. A, title XVI, § 1662(c)(2)108 Stat. 2990Pub. L. 114–328, div. A, title X, § 1081(b)(1)(A)(ix)130 Stat. 2418(, , § 595; , , ; renumbered § 12208, , , ; , , .)

Historical and Revision Notes

Revised section

Source (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 Text

act June 24, 1948, ch. 62562 Stat. 604section 3801 of Title 50The Military Selective Service Act, referred to in subsec. (a), is title I of , , 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 and Tables.

Amendments

Pub. L. 114–32850 U.S.C. 38012016—Subsec. (a). substituted “( et seq.)” for “(50 U.S.C. App. 451 et seq.)” in two places.

Pub. L. 103–337section 595 of this title1994— renumbered as this section.

Pub. L. 96–5131980—Subsec. (a). 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 Amendment

Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .