---
kind: "section"
citation: "10 U.S.C. § 12207"
title: "10"
title_heading: "Armed Forces"
number: "12207"
heading: "Commissioned officers: service credit upon original appointment"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/12207"
units:
  - "Subtitle E — Reserve Components"
  - "Part II — Personnel Generally"
  - "Chapter 1205 — Appointment of Reserve Officers"
---

# §12207. Commissioned officers: service credit upon original appointment

- (a)
  - (1) For the purpose of determining the [grade](/usc/10/101.md?p=b-7) and the [rank](/usc/10/101.md?p=b-8) within [grade](/usc/10/101.md?p=b-7) of a person receiving an [original](/usc/10/101.md?p=b-10) appointment as a [reserve](/usc/10/101.md?p=c-6) [commissioned officer](/usc/10/101.md?p=b-2) (other than a commissioned [warrant officer](/usc/10/101.md?p=b-3)) in the Army, Navy, Air Force, or Marine Corps, the person shall be credited at the time of the appointment with any commissioned service (other than service as a commissioned [warrant officer](/usc/10/101.md?p=b-3)) performed before such appointment as a [regular](/usc/10/101.md?p=b-12) [officer](/usc/10/101.md?p=b-1), or as a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) in an [active status](/usc/10/101.md?p=d-4), in any armed force, the National Oceanic and Atmospheric Administration, or the Public Health Service.
  - (2) The [Secretary](/usc/10/12521.md?p=4) of Defense shall prescribe regulations, which shall apply uniformly among the Army, Navy, Air Force, and Marine Corps, to authorize the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned to limit the amount of prior commissioned service with which a person receiving an [original](/usc/10/101.md?p=b-10) appointment may be credited under [paragraph (1)](#a-1), or to deny any such credit, in the case of a person who at the time of such appointment is credited with constructive service under subsection [(b)](#b) or [(e)](#e).
- (b)
  - (1) Under regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense, a person who is receiving an [original](/usc/10/101.md?p=b-10) appointment as a [reserve](/usc/10/101.md?p=c-6) [commissioned officer](/usc/10/101.md?p=b-2) (other than a commissioned [warrant officer](/usc/10/101.md?p=b-3)) of the Army, Navy, Air Force, or Marine Corps, and who has special training or experience, or advanced education (if applicable), shall be credited with constructive service for such education, training, or experience, as follows:
    - (A) One year for each year of advanced education beyond the baccalaureate degree level, for persons appointed or designated in, or assigned to, [officer](/usc/10/101.md?p=b-1) categories requiring such advanced education or an advanced degree as a prerequisite for such appointment, designation, or assignment. In determining the number of years of constructive service to be credited under this subparagraph to [officers](/usc/10/101.md?p=b-1) in any professional field, the [Secretary concerned](/usc/10/101.md?p=a-9) shall credit an [officer](/usc/10/101.md?p=b-1) with, but with not more than, the number of years of advanced education required by a majority of institutions that award degrees in that professional field for completion of the advanced education or award of the advanced degree.
    - (B)
      - (i) Credit for any period of advanced education in a health profession (other than medicine and dentistry) beyond the baccalaureate degree level which exceeds the basic education criteria for such appointment, designation, or assignment, if such advanced education will be directly used by the armed force concerned.
      - (ii) Credit for experience in a health profession (other than medicine or dentistry), if such experience will be directly used by the armed force concerned.
    - (C) Additional credit of (i) not more than one year for internship or equivalent graduate medical, dental, or other formal health professional training required by the [armed forces](/usc/10/101.md?p=a-4), and (ii) not more than one year for each additional year of such graduate-level training or experience creditable toward certification in a speciality required by the armed force concerned.
    - (D) Additional credit as follows:
      - (i) For special training or experience in a particular [officer](/usc/10/101.md?p=b-1) field as designated by the [Secretary concerned](/usc/10/101.md?p=a-9), if such training or experience is directly related to the operational needs of the armed force concerned.
      - (ii) During fiscal years 2021 through 2025, for advanced education in an [officer](/usc/10/101.md?p=b-1) field so designated, if such education is directly related to the operational needs of the armed force concerned.
    - (E) Additional credit for experience as a physician or dentist, if appointed, assigned, or designated as a medical or [dental officer](/usc/10/101.md?p=b-15).
  - (2)
    - (A) If the [Secretary](/usc/10/12521.md?p=4) of Defense determines that the number of [officers](/usc/10/101.md?p=b-1) in a health profession described in [subparagraph (B)](#b-2-B) who are serving in an [active status](/usc/10/101.md?p=d-4) in a [reserve](/usc/10/101.md?p=c-6) component of the Army, Navy, or Air Force in [grades](/usc/10/101.md?p=b-7) below major or lieutenant commander is critically below the number needed in such health profession by such [reserve](/usc/10/101.md?p=c-6) component in such [grades](/usc/10/101.md?p=b-7), the [Secretary](/usc/10/12521.md?p=4) of Defense may authorize the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned to credit any person who is receiving an [original](/usc/10/101.md?p=b-10) appointment as an [officer](/usc/10/101.md?p=b-1) for service in such health profession with a period of constructive credit in such amount (in addition to any amount credited such person under [paragraph (1)](#b-1)) as will result in the [grade](/usc/10/101.md?p=b-7) of such person being that of captain or, in the case of the Navy [Reserve](/usc/10/101.md?p=c-6), lieutenant.
    - (B) The types of health professions referred to in [subparagraph (A)](#b-2-A) include the following:
      - (i) Any health profession performed by [officers](/usc/10/101.md?p=b-1) in the Medical Corps of the Army or the Navy or by [officers](/usc/10/101.md?p=b-1) of the Air Force designated as a [medical officer](/usc/10/101.md?p=b-14).
      - (ii) Any health profession performed by [officers](/usc/10/101.md?p=b-1) in the Dental Corps of the Army or the Navy or by [officers](/usc/10/101.md?p=b-1) of the Air Force designated as a [dental officer](/usc/10/101.md?p=b-15).
      - (iii) Any health profession performed by [officers](/usc/10/101.md?p=b-1) in the Medical Service Corps of the Army or the Navy or by [officers](/usc/10/101.md?p=b-1) of the Air Force designated as a medical service [officer](/usc/10/101.md?p=b-1) or biomedical sciences [officer](/usc/10/101.md?p=b-1).
      - (iv) Any health profession performed by [officers](/usc/10/101.md?p=b-1) in the Army Medical Specialist Corps.
      - (v) Any health profession performed by [officers](/usc/10/101.md?p=b-1) of the Nurse Corps of the Army or the Navy or by [officers](/usc/10/101.md?p=b-1) of the Air Force designated as a nurse.
      - (vi) Any health profession performed by [officers](/usc/10/101.md?p=b-1) in the Veterinary Corps of the Army or by [officers](/usc/10/101.md?p=b-1) designated as a veterinary [officer](/usc/10/101.md?p=b-1).
  - (3) The amount of constructive service credit credited to an [officer](/usc/10/101.md?p=b-1) under this subsection may not exceed the amount required in order for the [officer](/usc/10/101.md?p=b-1) to be eligible for an [original](/usc/10/101.md?p=b-10) appointment as a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Army, Air Force, or Marine Corps in the [grade](/usc/10/101.md?p=b-7) of colonel or as a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Navy in the [grade](/usc/10/101.md?p=b-7) of captain.
  - (4) Constructive service credited an [officer](/usc/10/101.md?p=b-1) under this subsection is in addition to any service credited that [officer](/usc/10/101.md?p=b-1) under [subsection (a)](#a) and shall be credited at the time of the [original](/usc/10/101.md?p=b-10) appointment of the [officer](/usc/10/101.md?p=b-1) or assignment to or designation in an [officer](/usc/10/101.md?p=b-1) category in which advanced education or training or special experience is required.
- (c) Constructive service may not be credited under [subsection (b)](#b) for education, training, or experience obtained while serving as a [commissioned officer](/usc/10/101.md?p=b-2) (other than a [warrant officer](/usc/10/101.md?p=b-3)) on [active duty](/usc/10/101.md?p=d-1) or in an [active status](/usc/10/101.md?p=d-4). However, in the case of an [officer](/usc/10/101.md?p=b-1) who completes advanced education or receives an advanced degree while on [active duty](/usc/10/101.md?p=d-1) or in an [active status](/usc/10/101.md?p=d-4) and in less than the number of years normally required to complete such advanced education or receive such advanced degree, constructive service may, subject to regulations prescribed under [subsection (a)(2)](#a-2), be credited to the [officer](/usc/10/101.md?p=b-1) under [subsection (b)(1)(A)](#b-1-A) to the extent that the number of years normally required to complete such advanced education or receive such advanced degree exceeds the actual number of years in which such advanced education or degree is obtained by the [officer](/usc/10/101.md?p=b-1).
- (d) If the [Secretary](/usc/10/12521.md?p=4) of Defense determines that the number of qualified judge advocates serving on the [active-duty list](/usc/10/101.md?p=b-13) of the Army, Navy, Air Force, or Marine Corps in [grades](/usc/10/101.md?p=b-7) below lieutenant commander or major is critically below the number needed by that armed force in those [grades](/usc/10/101.md?p=b-7), the [Secretary](/usc/10/12521.md?p=4) of Defense may authorize the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned to credit any person who is receiving an [original](/usc/10/101.md?p=b-10) appointment with a view to assignment to the Judge Advocate General’s Corps of the Army or appointment to the Judge Advocate General’s Corps of the Navy, or who is receiving an [original](/usc/10/101.md?p=b-10) appointment in the Air Force or Marine Corps with a view to designation as a judge advocate, with a period of constructive service in such an amount (in addition to any amount credited such person under [subsection (b)](#b)) as will result in the [grade](/usc/10/101.md?p=b-7) of such person being that of captain or, in the case of the Navy, lieutenant, and the date of [rank](/usc/10/101.md?p=b-8) of such person being junior to that of all other [officers](/usc/10/101.md?p=b-1) of the same [grade](/usc/10/101.md?p=b-7) serving on the [active-duty list](/usc/10/101.md?p=b-13).
- (e) Constructive service credited an [officer](/usc/10/101.md?p=b-1) under subsection [(b)](#b) or [(d)](#d) shall be used only for determining the [officer](/usc/10/101.md?p=b-1)’s—
  - (1) initial [grade](/usc/10/101.md?p=b-7) as a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1);
  - (2) [rank](/usc/10/101.md?p=b-8) in [grade](/usc/10/101.md?p=b-7); and
  - (3) service in [grade](/usc/10/101.md?p=b-7) for promotion eligibility.
- (f) The [grade](/usc/10/101.md?p=b-7) and position on the [reserve active-status list](/usc/10/101.md?p=c-7) of a person receiving an appointment as a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) who at the time of appointment is credited with service under this section shall be determined under regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense based upon the amount of service credited.

## Source credit

(Added § 596b and renumbered § 12207, Pub. L. 103–337, div. A, title XVI, §§ 1634, 1662(c)(2), Oct. 5, 1994, 108 Stat. 2965, 2990; amended Pub. L. 109–163, div. A, title V, § 515(b)(1)(LL), Jan. 6, 2006, 119 Stat. 3234; Pub. L. 110–181, div. A, title V, § 512, Jan. 28, 2008, 122 Stat. 98; Pub. L. 115–91, div. A, title V, § 512(a), Dec. 12, 2017, 131 Stat. 1376; Pub. L. 115–232, div. A, title V, § 502(b), Aug. 13, 2018, 132 Stat. 1739; Pub. L. 116–283, div. A, title V, § 502(b), Jan. 1, 2021, 134 Stat. 3564.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in sections 3353, 5600, and 8353 of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (c)(1) and Pub. L. 104–106, § 1501(c)(26).

### Amendments

2021—Subsec. (b)(1). Pub. L. 116–283, § 502(b)(1), substituted “and who has special training or experience, or advanced education (if applicable),” for “or a designation in, or an assignment to, an officer category in which advanced education or training is required and who has advanced education or training,” in introductory provisions. Amendment was executed to reflect the probable intent of Congress due to omission of words “by striking” in directory language.

Subsec. (b)(1)(D). Pub. L. 116–283, § 502(b)(2), added subpar. (D) and struck out former subpar. (D) which read as follows: “Additional credit for special training or experience in a particular officer career field as designated by the Secretary concerned, if such training or experience is directly related to the operational needs of the armed force concerned.”

2018—Subsec. (b)(1)(D). Pub. L. 115–232, § 502(b)(1)(A), added subpar. (D) and struck out former subpar. (D) which read as follows: “Additional credit, in unusual cases, based on special experience in a particular field.”

Subsec. (b)(3). Pub. L. 115–232, § 502(b)(1)(B), added par. (3) and struck out former par. (3) which read as follows: “Except as authorized by the Secretary concerned in individual cases and under regulations prescribed by the Secretary of Defense in the case of officers covered by paragraph (2), the amount of constructive service credited an officer under this subsection may not exceed the amount required in order for the officer to be eligible for an original appointment as a reserve officer of the Army, Air Force, or Marine Corps in the grade of major or as a reserve officer of the Navy in the grade of lieutenant commander.”

Subsecs. (e) to (g). Pub. L. 115–232, § 502(b)(2), redesignated subsecs. (f) and (g) as (e) and (f), respectively, substituted “or (d)” for “, (d), or (e)” in introductory provisions of subsec. (e), and struck out former subsec. (e) which related to constructive service credited to commissioned officers with cyberspace-related experience or advanced education in reserve active-status.

2017—Subsec. (a)(2). Pub. L. 115–91, § 512(a)(1), inserted “or (e)” after “subsection (b)”.

Subsec. (e). Pub. L. 115–91, § 512(a)(3), added subsec. (e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 115–91, § 512(a)(2), (4), redesignated subsec. (e) as (f) and substituted “, (d), or (e)” for “or (d)”. Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 115–91, § 512(a)(2), redesignated subsec. (f) as (g).

2008—Subsec. (b)(2). Pub. L. 110–181, § 512(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “If the Secretary of Defense determines that the number of medical or dental officers serving in an active status in a reserve component of the Army, Navy, or Air Force in grades below major or lieutenant commander is critically below the number needed by such reserve component in such grades, the Secretary of Defense may authorize the Secretary of the military department concerned to credit any person who is receiving an original appointment for service as a medical or dental officer with a period of constructive credit in such amount (in addition to any amount credited such person under subsection (b)) as will result in the grade of such person being that of captain or, in the case of the Navy Reserve, lieutenant.”

Subsec. (b)(3). Pub. L. 110–181, § 512(b), substituted “officers covered by paragraph (2)” for “a medical or dental officer”.

2006—Subsec. (b)(2). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.

1994—Pub. L. 103–337, § 1662(c)(2), renumbered section 596b 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.

### Annual Report

For provisions requiring submission to Congress of reports on the use of the authorities in subsec. (b)(1)(D) of this section, see section 502(c) of Pub. L. 116–283, set out as a note under section 533 of this title.