---
kind: "section"
citation: "10 U.S.C. § 12209"
title: "10"
title_heading: "Armed Forces"
number: "12209"
heading: "Officer candidates: enlisted Reserves"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/12209"
units:
  - "Subtitle E — Reserve Components"
  - "Part II — Personnel Generally"
  - "Chapter 1205 — Appointment of Reserve Officers"
---

# §12209. Officer candidates: enlisted Reserves

- (a) Within such numbers as the [Secretary concerned](/usc/10/101.md?p=a-9) may prescribe, enlisted [Reserves](/usc/10/101.md?p=c-6) may, with their consent, be selected for training as [officer](/usc/10/101.md?p=b-1) candidates. Enlisted [Reserves](/usc/10/101.md?p=c-6) so selected shall be designated as [officer](/usc/10/101.md?p=b-1) candidates during that training. However, no member of the [Army National Guard of the United States](/usc/10/101.md?p=c-3) or the [Air National Guard of the United States](/usc/10/101.md?p=c-5) may be so selected or designated unless—
  - (1) he is on [active duty](/usc/10/101.md?p=d-1); or
  - (2) the governor or other appropriate authority of the jurisdiction concerned consents.
- (b) The enlistment or term of service of a [Reserve](/usc/10/101.md?p=c-6) who is designated as an [officer](/usc/10/101.md?p=b-1) candidate under this section is extended to include any period, beyond its normal expiration date, during which he is an [officer](/usc/10/101.md?p=b-1) candidate.
- (c) While he is on [active duty](/usc/10/101.md?p=d-1), other than [active duty](/usc/10/101.md?p=d-1) for training without [pay](/usc/10/101.md?p=a-15), or performing authorized travel to and from that duty, an [officer](/usc/10/101.md?p=b-1) candidate designated under this section is entitled to the [pay](/usc/10/101.md?p=a-15) and allowances of his enlisted [grade](/usc/10/101.md?p=b-7), but not less than those prescribed for [pay](/usc/10/101.md?p=a-15) [grade](/usc/10/101.md?p=b-7) E–2.
- (d) An [officer](/usc/10/101.md?p=b-1) candidate designated under this section may not participate in the program of a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) training corps of any armed force.

## Source credit

(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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 600(a)<br>600(b)<br>600(c)<br>600(d) | 50:935(a).<br>50:954(a).<br>50:973.<br>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.

### Editorial Notes

### 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.

### Statutory Notes and Related Subsidiaries

### 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.