§3360. Commissioned officers: promotion service

(a) To be eligible under this chapter for (1) consideration for promotion, (2) examination for Federal recognition, or (3) promotion, a Reserve commissioned officer must be in an active status.

(b) For the purposes of sections 3363, 3364, 3365, 3366(a) (column 2), 3367, 3370, 3371(a), 3382, 3819, and 3820(c) of this title, an officer's years of service are computed by adding-

(1) all service that he has, or is credited by the Secretary of the Army with having, in his current grade in the Army, or in the discretion of the Secretary of the Army, any other armed force, while in an active status or as a regular officer on the active list or on the active-duty list;

(2) for a person who was on active duty (other than for training) before September 3, 1945, all service while on active duty (other than for training) before January 1, 1949, in the Army or, in the discretion of the Secretary, any other armed force, in a temporary grade equal to or higher than his current reserve grade; and

(3) for a person originally appointed in a grade below colonel, all service credited under section 3353 of this title or section 22 of Public Law 85–861, that exceeds the minimum years of service prescribed by section 3359 of this title for the grade in which he is appointed.

No service may be counted more than once.

(c) For the purposes of section 3369 of this title, an officer's years of service are the greater of-

(1) the sum of (A) his years of service as a commissioned officer of any component of the armed forces or of the Army without specification of component, (B) his years of service before June 15, 1933, as a commissioned officer in the federally recognized National Guard or in a federally recognized commissioned status in the National Guard, and in the National Guard after June 14, 1933, if his service therein was continuous from the date of his Federal recognition as an officer therein to the date of his appointment in the National Guard of the United States, and (C) the years of service credited to him under section 3353 of this title or section 22 of Public Law 85–861; and

(2) the number of years by which his age exceeds 25 years.

No service may be counted more than once.

(Added Pub. L. 85–861, §1(80)(E), Sept. 2, 1958, 72 Stat. 1469 ; amended Pub. L. 86–559, §1(9), June 30, 1960, 74 Stat. 266 ; Pub. L. 96–513, title V, §§502(10), 512(4), Dec. 12, 1980, 94 Stat. 2910 , 2929; Pub. L. 98–94, title X, §1016(b), Sept. 24, 1983, 97 Stat. 668 .)

Amendment of Section

For termination of amendment by section 1016(d) of Pub. L. 98–94, see Effective and Termination Dates of 1983 Amendment note below.

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 3351 of this title.

Historical and Revision Notes

Revised section	Source (U.S. Code)	Source (Statutes at Large)
3360(a) 3360(b) 3360(c)	50:1192(a). 50:1222(f). 50:1225 (b). 50:1222(g) (as applicable to promotion).	Sept. 3, 1954, ch. 1257, §§202(a), 302(f), (g) (as applicable to promotion), 305(b), 68 Stat. 1150 , 1153, 1154; June 30, 1955, ch. 247, §6, 69 Stat. 221 .

In subsections (b) and (c), the introductory clause is inserted to confine the applicability of the formulas set forth in those revised subsections to the revised sections of this chapter that are based on sections of the source statutes containing the words "promotion service" or "total years of service", as the case may be.

References in Text

Section 22 of Public Law 85–861, referred to in subsecs. (b)(3), (c)(1), is set out as a note under section 3353 of this title.

Amendments

1983-Subsecs. (b), (c). Pub. L. 98–94 temporarily struck out last sentence which provided that for a person credited with service under section 3353 of this title or section 22 of Public Law 85–861, no service before appointment or transfer could be counted under cl. (1) or (2). See Effective and Termination Dates of 1983 Amendment note below.

1980-Subsec. (b). Pub. L. 96–513, §§502(10), 512(4), substituted "as a regular officer on the active list or on the active-duty list" for "on the active list" in par. (1) and substituted "Public Law 85–861" for "the Act enacting this section" in par. (3) and provisions following par. (3).

Subsec. (c). Pub. L. 96–513, §512(4), substituted "Public Law 85–861" for "the Act enacting this section" in par. (1) and in provisions following par. (2).

1960-Subsec. (c). Pub. L. 86–559 included within cl. (1)(B), an officer's years of service in the National Guard after June 14, 1933, if his service therein was continuous from the date of his Federal recognition as an officer therein to the date of his appointment in the National Guard of the United States.

Effective and Termination Dates of 1983 Amendment

Section 1016(d) of Pub. L. 98–94, as amended by Pub. L. 99–145, title V, §521(c), Nov. 8, 1985, 99 Stat. 631 ; Pub. L. 100–180, div. A, title V, §502(c), Dec. 4, 1987, 101 Stat. 1085 ; Pub. L. 101–189, div. A, title V, §503(c), Nov. 29, 1989, 103 Stat. 1437 ; Pub. L. 102–484, div. A, title V, §519(c), Oct. 23, 1992, 106 Stat. 2408 ; Pub. L. 103–160, div. A, title V, §514(c), Nov. 30, 1993, 107 Stat. 1649 , provided that: "The amendments made by this section [amending sections 3360, 3853, and 8853 of this title] shall be effective only for the period beginning on October 1, 1983, and ending on September 30, 1995."

[Section 503(c) of Pub. L. 101–189 provided that the amendment of section 1016(d) of Pub. L. 98–94, set out above, is effective Oct. 1, 1989.]

[Section 502(c) of Pub. L. 100–180 provided that the amendment of section 1016(d) of Pub. L. 98–94, set out above, is effective Oct. 1, 1987.]

Effective Date of 1980 Amendment

Amendment by section 502(10) of Pub. L. 96–513 effective Sept. 15, 1981, and amendment by section 512(4) of Pub. L. 96–513 effective Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Section Referred to in Other Sections

This section is referred to in sections 123, 3363, 3364, 3365, 3367, 3369, 3370, 3371, 3382, 3819, 3820 of this title; title 32 section 310.