10 USC 12203 - Commissioned officers: appointment, how made; term

U.S Code last checked for updates: Oct 31, 2024

§ 12203.

Commissioned officers: appointment, how made; term

(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.)

cite as: 10 USC 12203