(a) No person may be appointed as a Reserve in a commissioned grade above major or lieutenant commander, unless—(1) he was formerly a commissioned officer of an armed force; or
(2) such an appointment is recommended by a board of officers convened by the Secretary concerned.
(b) This section does not apply to adjutants general and assistant adjutants general of the several States, Puerto Rico, and the District of Columbia.
Structure US Code
Subtitle E— Reserve Components
CHAPTER 1205— APPOINTMENT OF RESERVE OFFICERS
§ 12201. Reserve officers: qualifications for appointment
§ 12202. Commissioned officer grades
§ 12203. Commissioned officers: appointment, how made; term
§ 12204. Commissioned officers: original appointment; limitation
§ 12205. Commissioned officers: appointment; educational requirement
§ 12206. Commissioned officers: appointment of former commissioned officers
§ 12207. Commissioned officers: service credit upon original appointment
§ 12208. Officers: appointment upon transfer
§ 12209. Officer candidates: enlisted Reserves
§ 12210. Attending Physician to the Congress: reserve grade
§ 12211. Officers: Army National Guard of the United States
§ 12212. Officers: Air National Guard of the United States
§ 12213. Officers; Army Reserve: transfer from Army National Guard of the United States
§ 12214. Officers; Air Force Reserve: transfer from Air National Guard of the United States
§ 12215. Commissioned officers: reserve grade of adjutants general and assistant adjutants general