§3380. Commissioned officers: promotion of reserve commissioned officers on active duty and not on the active duty list

(a) Notwithstanding any other provision of law, a reserve commissioned officer on active duty for duty described in clause (1)(B), (1)(C), or (7) of section 523(b) of this title who is recommended by a selection board for promotion to, or found qualified for Federal recognition in, a higher reserve grade may, in accordance with regulations prescribed by the Secretary of Defense and subject to the limitations of section 524 ¹ of this title, be promoted to or extended Federal recognition in such higher reserve grade and may continue to serve on active duty, or be ordered to serve on active duty, in such higher reserve grade.

(b) Notwithstanding any other provision of law, the service in grade for promotion purposes only of any reserve commissioned officer who is promoted to or extended Federal recognition in a higher reserve grade but whose promotion to or recognition in such higher reserve grade was delayed solely because of limitations imposed in accordance with regulations prescribed by the Secretary of Defense under subsection (a) or contained in section 524 ¹ of this title, is the date such officer would have been promoted to or recognized in such higher reserve grade if the limitations did not exist. In computing service in grade for the purposes of determining the date for discharge or transfer to the Retired Reserve under chapter 363 of this title, the date the officer would have been promoted to or recognized in such higher grade had the limitations not existed shall be considered the date of promotion to or recognition in such higher grade.

(c) Regulations prescribed by the Secretary of Defense under subsection (a) shall prohibit the promotion of an officer under the authority of that subsection unless the duty assignment of the officer requires a higher grade than the grade currently held by the officer.

(d) The authority to promote officers under this section shall expire on September 30, 1995.

(Added Pub. L. 85–861, §1(80)(E), Sept. 2, 1958, 72 Stat. 1476 ; amended Pub. L. 98–94, title X, §1015(a)(1), Sept. 24, 1983, 97 Stat. 667 ; Pub. L. 99–145, title V, §521(b), Nov. 8, 1985, 99 Stat. 631 ; Pub. L. 100–180, div. A, title V, §502(b)(1), Dec. 4, 1987, 101 Stat. 1085 ; Pub. L. 101–189, div. A, title V, §503(b)(1), Nov. 29, 1989, 103 Stat. 1437 ; Pub. L. 102–484, div. A, title V, §519(b), Oct. 23, 1992, 106 Stat. 2408 ; Pub. L. 103–160, div. A, title V, §514(b), Nov. 30, 1993, 107 Stat. 1649 .)

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)
3380(a) 3380(b)	50:1273(a). 50:1273 (less (a)).	Sept. 3, 1954, ch. 1257, §333, 68 Stat. 1164 ; June 30, 1955. ch. 247, §§2, 10, 69 Stat. 218, 222.

In subsection (a), the words "If he elects not to" are substituted for the words "If he does not desire to".

In subsection (b), the words "may not elect to be relieved" are substituted for the words "shall not have the election of relief".

References in Text

Section 524 of this title, referred to in subsecs. (a) and (b), was renumbered section 12011 of this title by Pub. L. 103–337, div. A, title XVI, §1662(a)(2)(A), Oct. 5, 1994, 108 Stat. 2988 .

Amendments

1993-Subsec. (d). Pub. L. 103–160 substituted "September 30, 1995" for "September 30, 1993".

1992-Subsec. (d). Pub. L. 102–484 substituted "September 30, 1993" for "September 30, 1992".

1989-Subsec. (d). Pub. L. 101–189 substituted "September 30, 1992" for "September 30, 1989".

1987-Subsec. (d). Pub. L. 100–180 substituted "September 30, 1989" for "September 30, 1987".

1985-Subsec. (d). Pub. L. 99–145 substituted "September 30, 1987" for "September 30, 1985".

1983-Pub. L. 98–94 amended section generally, substituting section catchline "Commissioned officers: promotion of reserve commissioned officers on active duty and not on the active duty list" for "Commissioned officers: election to continue on active duty after promotion". Prior to amendment section read as follows:

"(a) A reserve commissioned officer on active duty (other than for training) who is promoted to a reserve grade that is higher than the grade in which he is serving continues to serve on active duty in the grade in which he was serving immediately before that promotion. Unless he expressly declines the promotion he shall be treated as if he had accepted, on the date of that promotion, an appointment in a temporary grade equal to the grade in which he was serving before that promotion. If he elects not to continue on active duty in the grade in which he is serving, he shall, except as provided in subsection (b), be relieved from active duty and be promoted on the day after he is relieved or on the date on which he would have been promoted if he had stayed on active duty, whichever is the later. If he is relieved from active duty after the date on which he would have been promoted if he had stayed on active duty, he shall be credited with the service he would have had if he had remained on active duty and had been promoted.

"(b) A reserve commissioned officer on active duty (other than for training) who has not completed the period of active duty that he is required by law or regulation to perform as a member of a reserve component, and who is recommended or found qualified for promotion to a higher reserve grade, may not elect to be relieved from active duty under subsection (a), but may decline the promotion if he does not desire to serve on active duty in a grade lower than his reserve grade. If he so declines the promotion, he shall, if he applies, be promoted to the grade for which he was recommended or found qualified upon being temporarily promoted to that higher grade or, subject to subsection (a), upon completing his period of required active duty."

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–160 effective Sept. 30, 1993, see section 514(d)(1) of Pub. L. 103–160, set out as a note under section 3359 of this title.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–484 effective Sept. 30, 1992, see section 519(d)(1) of Pub. L. 102–484, set out as a note under section 3359 of this title.

Date of Rank for Certain Appointments

Pub. L. 103–160, div. A, title V, §514(d)(2), (3), Nov. 30, 1993, 107 Stat. 1649 , provided that:

"(2) The Secretary of the Army or the Secretary of the Air Force, as appropriate, shall provide, in the case of a Reserve officer appointed to a higher grade on or after the date of the enactment of this Act [Nov. 30, 1993] under an appointment described in paragraph (3), that the date of rank of such officer under that appointment shall be the date of rank that would have applied to the appointment had the authority referred to in that paragraph not lapsed.

"(3) An appointment referred to in paragraph (2) is an appointment under section 3380 or 8380 of title 10, United States Code, that (as determined by the Secretary concerned) would have been made during the period beginning on October 1, 1993, and ending on the date of the enactment of this Act had the authority to make appointments under that section not lapsed during such period."

Similar provisions were contained in the following prior authorization acts:

Pub. L. 102–484, div. A, title V, §519(d)(2), (3), Oct. 23, 1992, 106 Stat. 2408 .

Pub. L. 101–189, div. A, title V, §503(b)(2), (3), Nov. 29, 1989, 103 Stat. 1437 , as amended by Pub. L. 101–510, div. A, title XIV, §1484(l)(3), Nov. 5, 1990, 104 Stat. 1719 .

Pub. L. 100–180, div. A, title V, §502(b)(2), (3), Dec. 4, 1987, 101 Stat. 1085 .

Section Referred to in Other Sections

This section is referred to in sections 123, 3364, 3367, 3370, 3371 of this title.

¹ See References in Text note below.