10 USC 3389: Commissioned officers: promotion to higher reserve grade after temporary appointment
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10 USC 3389: Commissioned officers: promotion to higher reserve grade after temporary appointment Text contains those laws in effect on January 4, 1995
From Title 10-ARMED FORCESSubtitle B-ArmyPART II-PERSONNELCHAPTER 337-APPOINTMENTS AS RESERVE OFFICERS
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§3389. Commissioned officers: promotion to higher reserve grade after temporary appointment

(a) When he completes the service prescribed by the Secretary of the Army, a commissioned officer of the Army Reserve who is on active duty (other than for training) in a temporary grade that is higher than his reserve grade shall be promoted to an appropriate higher reserve grade that is not higher than his temporary grade.

(b) When he completes the service prescribed by the Secretary, a commissioned officer of the Army National Guard of the United States who is on active duty in a temporary grade that is higher than his reserve grade is eligible for promotion to an appropriate higher reserve grade that is not higher than his temporary grade.

(c) The Secretary shall annually prescribe the period of service required for promotion to each grade under this section. The period shall conform as nearly as possible to the corresponding period of service then being applied to the promotion of regular officers.

(Added Pub. L. 85–861, §1(80)(E), Sept. 2, 1958, 72 Stat. 1478 ; amended Pub. L. 86–559, §1(17), June 30, 1960, 74 Stat. 270 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 3351 of this title.

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3389(a) 50:1275 (less last 29 words, as applicable to Army Reserve). Sept. 3, 1954, ch. 1257, §335, 68 Stat. 1165 .
3389(b) 50:1275 (less last 29 words, as applicable to Army National Guard of the United States).
3389(c) 50:1275 (last 29 words).

In subsections (a) and (b), the words "an appropriate higher reserve grade that is not higher than his temporary grade" are substituted for the words "an appropriate higher grade * * * equal to or lower than his temporary grade".

In subsection (b), the words "who is on active duty in a temporary grade that is higher than his reserve grade" are substituted for the words "on active duty who holds an appointment in a temporary grade higher than his current grade".

Amendments

1960-Subsecs. (a), (b). Pub. L. 86–559 struck out "and not above colonel" after "not higher than his temporary grade."

Section Referred to in Other Sections

This section is referred to in sections 123, 3390 of this title.