10-U.S.C.-12209
§12209 – officer Candidates: Enlisted Reserves
Pathway
Title 10 > Subtitle E > Part II > Chapter 1205 > Section 12209
Details
- Reference: Section 12209
- Legend: §12209 – officer Candidates: Enlisted Reserves
- USCode Year: 2013
Provision Content
(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.
Amendments
1996—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 Amendment
Amendment 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.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-12104 in the Legal Encyclopedia: Army Reserve
In this entry about 10-U.S.C.-12104, find legal reference material, bibliographies and premiere content related to army reserve in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve-specific issues, written by authorities in the field.
10-U.S.C.-12103 in the Legal Encyclopedia: Army Reserve Personnel
In this entry about 10-U.S.C.-12103, find legal reference material, bibliographies and premiere content related to army reserve personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve personnel-specific issues, written by authorities in the field.
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