§3359. Commissioned officers: original appointment; determination of grade
(a) Except as provided in subsections (b) and (c), the commissioned grade in which a person credited with service under section 3353 of this title is originally appointed as a reserve officer of the Army (based on the service credited under that section) shall be determined as follows:
(1) For persons with less than three years of service-second lieutenant.
(2) For persons with at least three, but less than seven, years of service-first lieutenant.
(3) For persons with at least seven, but less than 14, years of service-captain.
(4) For persons with at least 14, but less than 21, years of service-major.
(5) For persons with at least 21 years of service-lieutenant colonel.
(6) For persons with at least 23 years of service-lieutenant colonel or colonel, as the Secretary of the Army determines.
(b) In the case of a person who is originally appointed as a reserve officer in the Medical Corps of the Army during the period beginning on October 1, 1983, and ending on September 30, 1995, and who is credited with service under section 3353 of this title, the commissioned grade in which that person is appointed (based on the service credited under that section) shall be determined as follows:
(1) For persons with at least four, but less than 14, years of service-captain.
(2) For persons with at least 14, but less than 21, years of service-major.
(3) For persons with at least 21 years of service-lieutenant colonel.
(4) For persons with at least 23 years of service-lieutenant colonel or colonel, as the Secretary of the Army determines.
(c) Under regulations prescribed by the Secretary concerned, a person who is originally appointed as a reserve officer of the Army and who is a former commissioned officer may be appointed in the reserve grade equivalent to the grade held by that person when discharged or separated and may be credited with time in that grade for promotion purposes equal to the time in grade held by that person when discharged or separated.
(Added
Repeal of Section
Section repealed effective Oct. 1, 1996, see note set out preceding section 3351 of this title.
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3359 | 50:1225(a). | Sept. 3, 1954, ch. 1257, §305(a), |
The words "Based upon the service credited under section 3353 of this title" are inserted for clarity.
Amendments
1993-Subsec. (b).
1992-Subsec. (b).
1989-Subsec. (b).
1987-Subsec. (b).
1985-Subsec. (b).
1984-Subsec. (a).
Subsec. (c).
1983-
Effective Date of 1993 Amendment
Section 514(d)(1) of
Effective Date of 1992 Amendment
Section 519(d)(1) of
Army and Air Force Reserve Officers Originally Appointed After September 14, 1981; Appointment in Reserve Grade Equivalent to Former Grade
Section 521(c) of
"(1) Under regulations prescribed by the Secretary of the military department concerned, a reserve officer of the Army or Air Force originally appointed after September 14, 1981, who at the time of that appointment was a former commissioned officer and who was appointed in a reserve grade lower than the grade held by that person when discharged may be appointed in the reserve grade equivalent to the officer's former grade.
"(2) An original reserve appointment in the Army or the Air Force of a person who (at the time of the appointment) was a former commissioned officer which (A) was made during the period beginning on September 15, 1981, and ending on the day before the date of the enactment of this Act [Oct. 19, 1984], and (B) was made in a grade formerly held by that person shall be considered to have been a valid appointment at the time made, and any officer who received such an appointment is entitled to all the rights, privileges, and benefits of the grade to which appointed as of the original date of that appointment."
Reserve Officers Designated as Medical Officers in Army Medical Corps and in Air Force; Promotion to Captain
Section 1014(c) of
Section Referred to in Other Sections
This section is referred to in sections 123, 3360 of this title.