§3375. Commissioned officers: generals ceasing to occupy commensurate positions

Within 30 days after an officer in a reserve general officer grade ceases to occupy a position commensurate with his grade or with a higher grade, the Secretary of the Army shall, as the officer elects-

(1) transfer him in grade to the Retired Reserve, if he is qualified and applies therefor;

(2) transfer him in grade to the inactive status list of the Standby Reserve, if he is qualified;

(3) discharge him from his reserve appointment and, if he is qualified and applies therefor, appoint him in the reserve grade held by him as a reserve officer before his appointment in a general officer grade; or

(4) discharge him from his reserve appointment.

(Added Pub. L. 85–861, §1(80)(E), Sept. 2, 1958, 72 Stat. 1475 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 3351 of this title.

The words "a reserve general officer grade" are substituted for the words "a grade above colonel". The words "as the officer elects" are substituted for the words "at the option of the officer". The words "require that one of the following actions" and 50:1266 (last 19 words) are omitted as surplusage.

Section Referred to in Other Sections

This section is referred to in sections 123, 3364 of this title.