§8359. Commissioned officers: original appointment; determination of grade

(a) Except as provided in subsections (b) and (c), the commissioned grade in which a person credited with service under section 8353 of this title is originally appointed as a reserve officer of the Air Force with a designation as a medical officer (based on the service credited under that section) shall be determined as follows:

(1) For persons with less than three years of service-second lieutenant.

(2) For persons with at least three, but less than seven, years of service-first lieutenant.

(3) For persons with at least seven, but less than 14, years of service-captain.

(4) For persons with at least 14, but less than 21, years of service-major.

(5) For persons with at least 21 years of service-lieutenant colonel.

(6) For persons with at least 23 years of service-lieutenant colonel or under regulations prescribed by the Secretary of the Air Force-colonel.

(b) In the case of a person who is originally appointed as a reserve officer of the Air Force with a designation as a medical officer during the period beginning on October 1, 1983, and ending on September 30, 1995, and who is credited with service under section 8353 of this title, the commissioned grade in which that person is appointed (based on the service credited under that section) shall be determined as follows:

(1) For persons with at least four, but less than 14, years of service-captain.

(2) For persons with at least 14, but less than 21, years of service-major.

(3) For persons with at least 21 years of service-lieutenant colonel.

(4) For persons with at least 23 years of service-lieutenant colonel or colonel, as the Secretary of the Air Force determines.

(c) Under regulations prescribed by the Secretary concerned, a person who is originally appointed as a reserve officer of the Air Force and who is a former commissioned officer may be appointed in the reserve grade equivalent to the grade held by that person when discharged or separated and may be credited with time in that grade for promotion purposes equal to the time in grade held by that person when discharged or separated.

(Added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1521 ; amended Pub. L. 98–94, title X, §1014(b), Sept. 24, 1983, 97 Stat. 666 ; Pub. L. 98–525, title V, §521(b), Oct. 19, 1984, 98 Stat. 2522 ; Pub. L. 99–145, title V, §521(a), Nov. 8, 1985, 99 Stat. 631 ; Pub. L. 100–180, div. A, title V, §502(a), Dec. 4, 1987, 101 Stat. 1085 ; Pub. L. 101–189, div. A, title V, §503(a), Nov. 29, 1989, 103 Stat. 1437 ; Pub. L. 102–484, div. A, title V, §519(a), Oct. 23, 1992, 106 Stat. 2408 ; Pub. L. 103–160, div. A, title V, §514(a), Nov. 30, 1993, 107 Stat. 1649 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 8351 of this title.

Historical and Revision Notes

Revised section	Source (U.S. Code)	Source (Statutes at Large)
8359	50:1335(a).	Sept. 3, 1954, ch. 1257, §505(a), 68 Stat. 1173 .

Clause (6) is substituted for 50:1335(a) (last 23 words).

Amendments

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

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

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

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

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

1984-Subsec. (a). Pub. L. 98–525, §521(b)(1), substituted "subsections (b) and (c)" for "subsection (b)".

Subsec. (c). Pub. L. 98–525, §521(b)(2), added subsec. (c).

1983-Pub. L. 98–94 designated existing provisions as subsec. (a), in provisions preceding par. (1) of subsec. (a) substituted, "Except as provided in subsection (b), the commissioned grade in which a person credited with service under section 8353 of this title is originally appointed as a reserve officer of the Air Force with a designation as a medical officer (based on the service credited under that section) shall be determined as follows" for "Based on the service credited under section 8353 of this title, the commissioned grade in which a person credited with service under that section is originally appointed as a reserve officer of the Air Force is", and added subsec. (b).

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.

Air Force Reserve Officers Originally Appointed After September 14, 1981; Appointment in Reserve Grade Equivalent to Former Grade

For provisions that, under regulations prescribed by the Secretary of the military department concerned, a reserve officer of the Air Force originally appointed after Sept. 14, 1981, who at the time of that appointment was a former commissioned officer and who was appointed in a reserve grade lower than the grade held by that person when discharged may be appointed in the reserve grade equivalent to the officer's former grade, and that an original reserve appointment in the Air Force of a person who (at the time of the appointment) was a former commissioned officer which (A) was made during the period beginning on Sept. 15, 1981, and ending on Oct. 18, 1984, and (B) was made in a grade formerly held by that person was to be considered to have been a valid appointment at the time made, and any officer who received such an appointment to be entitled to all the rights, privileges, and benefits of the grade to which appointed as of the original date of that appointment, see section 521(c) of Pub. L. 98–525, set out as a note under section 3359 of this title.

Section Referred to in Other Sections

This section is referred to in sections 123, 8358 of this title.