§3819. Army Reserve officers: discharge for failure of promotion to first lieutenant

(a) Except as provided in sections 1005 and 1006 ¹ of this title, each second lieutenant of the Army Reserve who is in an active status and not on the active-duty list shall be discharged from his reserve appointment if he is not promoted before or on the date on which he completes three years of service computed under section 3360(b) of this title.

(b) Except as provided by section 1006 ¹ of this title, each second lieutenant of the Army Reserve who is on the active-duty list of the Army and is found not qualified for promotion to the reserve grade of first lieutenant shall be discharged from his reserve appointment not later than the end of the 18-month period beginning on the date on which he is first found not qualified for promotion to that grade, unless he is promoted to that grade before the end of that period.

(Added Pub. L. 85–861, §1(93)(A), Sept. 2, 1958, 72 Stat. 1482 ; amended Pub. L. 98–525, title V, §528(b), Oct. 19, 1984, 98 Stat. 2526 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 3811 of this title.

The words "if he is not promoted" are substituted for the words "whose promotion to the next higher grade is not accomplished".

References in Text

Sections 1005 and 1006 of this title, referred to in subsecs. (a) and (b), were renumbered sections 12645 and 12646 of this title, respectively, by Pub. L. 103–337, div. A, title XVI, §1662(h)(2), Oct. 5, 1994, 108 Stat. 2996 .

Amendments

1984-Pub. L. 98–525 designated existing provisions as subsec. (a), substituted "in an active status and not on the active-duty list" for "in an active status", and added subsec. (b).

Section Referred to in Other Sections

This section is referred to in sections 123, 3360 of this title.

¹ See References in Text note below.