---
kind: "section"
citation: "10 U.S.C. § 12206"
title: "10"
title_heading: "Armed Forces"
number: "12206"
heading: "Commissioned officers: appointment of former commissioned officers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/12206"
units:
  - "Subtitle E — Reserve Components"
  - "Part II — Personnel Generally"
  - "Chapter 1205 — Appointment of Reserve Officers"
---

# §12206. Commissioned officers: appointment of former commissioned officers


Under regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense, a person who is a former [commissioned officer](/usc/10/101.md?p=b-2) may, if otherwise qualified, be appointed as a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Army, Navy, Air Force, or Marine Corps. A person so appointed—

- (1) may be placed on the [reserve active-status list](/usc/10/101.md?p=c-7) of that armed force in the [grade](/usc/10/101.md?p=b-7) equivalent to the permanent [regular](/usc/10/101.md?p=b-12) or [reserve](/usc/10/101.md?p=c-6) [grade](/usc/10/101.md?p=b-7), and in the same competitive category, in which the person previously served satisfactorily on [active duty](/usc/10/101.md?p=d-1) or in an [active status](/usc/10/101.md?p=d-4); and
- (2) may be credited for the purpose of determining date of [rank](/usc/10/101.md?p=b-8) under [section 741(d) of this title](/usc/10/741.md?p=d) with service in [grade](/usc/10/101.md?p=b-7) equal to that held by that person when discharged or separated.

## Source credit

(Added § 596a and renumbered § 12206, Pub. L. 103–337, div. A, title XVI, §§ 1633, 1662(c)(2), Oct. 5, 1994, 108 Stat. 2965, 2990.)

## Notes

### Editorial Notes

### Amendments

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

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.