§3386. Commissioned officers: promotion upon release from active duty

Upon release from active duty (other than for training), a reserve commissioned officer shall be promoted to a reserve grade that is equal to the highest temporary grade in which he served on that duty satisfactorily, as determined by the Secretary of the Army. An officer who is promoted under this section may not thereafter be promoted for the first time as a reserve officer in an active status and not assigned to a unit organized to serve as a unit, until he completes the service prescribed under section 3369 of this title for promotion to the grade concerned.

(Added Pub. L. 85–861, §1(80)(E), Sept. 2, 1958, 72 Stat. 1478 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 3351 of this title.

The words "shall be promoted * * * that is equal" are substituted for the words "shall be appointed * * * equal". The words "who is promoted under this section" are inserted for clarity. The words "completes the service prescribed under section 3369 of this title for promotion to the grade concerned" are substituted for the words "is qualified under section 1238 (a) of this title".

Section Referred to in Other Sections

This section is referred to in section 123 of this title.