§3738. Constructive credit upon initial appointment

Under regulations prescribed by the Secretary, an individual, appointed as a Reserve officer, may be assigned a date of rank and precedence which reflects that individual's experience, education, or other qualifications. For the purpose of this subchapter only, an individual appointed for the purpose of assignment or designation as a judge advocate in the Reserve shall be credited with a minimum of one year service in an active status. An individual holding a doctor of philosophy, or a comparable degree, in medicine or in a science allied to medicine as determined by the Secretary, may be credited with a minimum of three years service in an active status if appointed for an assignment comparable to that of an officer in the Navy Medical Department.

(Added Pub. L. 96–322, §1, Aug. 4, 1980, 94 Stat. 1009 , §727; amended Pub. L. 108–293, title II, §208, Aug. 9, 2004, 118 Stat. 1035 ; Pub. L. 109–241, title II, §218(b)(1), July 11, 2006, 120 Stat. 526 ; renumbered §3738, Pub. L. 115–282, title I, §118(b), Dec. 4, 2018, 132 Stat. 4233 ; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(a)(53), Jan. 1, 2021, 134 Stat. 4750 .)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 773 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.

Amendments

2021-Pub. L. 116–283 substituted "an individual" for "a person" in two places, and substituted "individual's" for "person's" and "An individual" for "A person".

2018-Pub. L. 115–282 renumbered section 727 of this title as this section.

2006-Pub. L. 109–241 substituted "judge advocate" for "law specialist".

2004-Pub. L. 108–293 substituted "one year" for "three years" in second sentence.