§3390. Commissioned officers: Army National Guard of United States; procedure for promotion to higher reserve grade after temporary appointment

(a) If an officer of the Army National Guard of the United States who is on active duty (other than for training) is recommended for promotion or becomes eligible for promotion under section 3389 of this title, an opportunity shall be given to the appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia, as the case may be, to promote that officer to fill a vacancy in the Army National Guard of that jurisdiction. If necessary, a vacancy may be created for the purposes of this subsection.

(b) If such an officer is so promoted in the Army National Guard, Federal recognition is extended to him effective as of the date on which he would have been promoted if he were an officer of the Army Reserve, and he may be promoted in his reserve grade effective as of the date of the extension of Federal recognition. However, if he is not so promoted in the Army National Guard, his Federal recognition in his reserve grade shall be withdrawn and he shall be transferred to the Army Reserve.

(Added Pub. L. 85–861, §1(80)(E), Sept. 2, 1958, 72 Stat. 1478 ; amended Pub. L. 100–456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 3351 of this title.

In subsection (a), the last sentence is substituted for the words "specially created for that purpose, if necessary". The words "of the State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia, as the case may be" are substituted for the word "State" for clarity. The words "automatically" and "unit" are omitted as surplusage.

Amendments

1988-Subsec. (a). Pub. L. 100–456 struck out "the Canal Zone," after "Puerto Rico,".

Section Referred to in Other Sections

This section is referred to in sections 123, 3366, 3367, 3370, 3371 of this title.