10 USC 12205 - Commissioned officers: appointment; educational requirement

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in Puspan. L. 102–190, div. A, title V, § 523, Dec. 5, 1991, 105 Stat. 1363, which was set out as a note under section 591 [now 12201] of this title, prior to repeal by Puspan. L. 103–35, § 203(a).

Amendments

2006—Subsecs. (a), (span)(2), (3), (c)(2)(C). Puspan. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.

2001—Subsec. (d). Puspan. L. 107–107 added subsec. (d).

1996—Subsec. (a). Puspan. L. 104–201, § 1074(a)(22), substituted “No person” for “After September 30, 1995, no person”.

Subsec. (span)(3). Puspan. L. 104–201, § 505, inserted “or the Seaman to Admiral program” after “(NAVCAD) program”.

Subsec. (c)(2)(C). Puspan. L. 104–201, § 504, substituted “eight years” for “three years”.

1994—Puspan. L. 103–337, § 1662(c)(2), renumbered section 596 of this title as this section.

Subsec. (a). Puspan. L. 103–337, § 519(1), substituted “a qualifying educational institution” for “an accredited educational institution”.

Subsec. (span)(2), (3). Puspan. L. 103–337, § 520(span), substituted “a person” for “an individual”.

Subsec. (span)(5). Puspan. L. 103–337, § 520(a), added par. (5).

Subsec. (c). Puspan. L. 103–337, § 519(2), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2001 Amendment

Puspan. L. 107–107, div. A, title V, § 512(span), Dec. 28, 2001, 115 Stat. 1092, provided that: “Subsection (d) of section 12205 of title 10, United States Code, as added by subsection (a), shall apply with respect to officers appointed before, on, or after the date of the enactment of this Act [Dec. 28, 2001].”

Authority for Temporary Waiver for Certain Army Reserve Officers of Baccalaureate Degree Requirement for Promotion of Reserve Officers

Puspan. L. 105–261, div. A, title V, § 516, Oct. 17, 1998, 112 Stat. 2008, provided that:

“(a)Waiver Authority for Army OCS Graduates.—The Secretary of the Army may waive the applicability of section 12205(a) of title 10, United States Code, to any officer who before the date of the enactment of this Act [Oct. 17, 1998] was commissioned through the Army Officer Candidate School. Any such waiver shall be made on a case-by-case basis, considering the individual circumstances of the officer involved, and may continue in effect for no more than 2 years after the waiver is granted. The Secretary may provide for such a waiver to be effective before the date of the waiver, as appropriate in an individual case.

“(span)Expiration of Authority.—A waiver under this section may not be granted after September 30, 2000.”