§8360. Commissioned officers: promotion service

(a) To be eligible under this chapter for (1) consideration for promotion, (2) examination for Federal recognition, or (3) promotion, a reserve commissioned officer must be in an active status.

(b) To be in an active status, a reserve commissioned officer must have credited to him, during each applicable period prescribed in subsection (c) or (d), the number of points that the Secretary of the Air Force prescribed for that period under section 1002 ¹ of this title before that period began. This does not apply to an adjutant general or assistant adjutant general of a State or Territory, Puerto Rico, or the District of Columbia.

(c) For a reserve commissioned officer who was a Reserve in an active status in the Air Force on July 1, 1949, and who has continued in an active status since that date, points shall be computed for a period of 12 consecutive months beginning on July 1, of each year.

(d) For a reserve commissioned officer who was originally appointed as a reserve officer of the Air Force after July 1, 1949, or who returned to an active status after that date, points shall be computed for periods of 12 consecutive months beginning on the date of that appointment or of his most recent return to an active status, and on each successive anniversary of that date.

(e) For the purposes of sections 8358, 8361, 8363(a), 8365, 8366(a), 8368(b), 8375(b), 8377(a), 8380(c), 8381(b), and 8819 of this title, an officer's years of service are computed by adding-

(1) all service while in an active status in his current reserve grade; and

(2) all service in an active status after June 25, 1950, and before July 1, 1955-

(A) while eligible for promotion in reserve grade on the basis of service in a higher temporary grade; or

(B) in regular or reserve grade, in any armed force, that was equal to or higher than his current reserve grade, including service in a federally recognized commissioned status in the Army National Guard or the Air National Guard.

No service may be counted more than once.

(Added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1521 ; 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Section repealed effective Oct. 1, 1996, see note set out preceding section 8351 of this title.

Historical and Revision Notes

Revised section	Source (U.S. Code)	Source (Statutes at Large)
8360(a) 8360(b) 8360(c) 8360(d) 8360(e)	50:1331(a). 50:1192(a). 50:1331(b)(4). 50:1332(b). 50:1332(c)(1). 50:1332(c)(2). 50:1331(b)(1).	Sept. 3, 1954, ch. 1257, §§202(a), 501(a), (b)(1), (4), 502(b), (c), 68 Stat. 1150 , 1171, 1172; June 30, 1955, ch. 247, §4(a), 69 Stat. 219 .

In subsection (a), 50:1331(a) is omitted as covered by the context of this revised title.

In subsection (b), the words "have credited to him" are substituted for the word "attain", in 50:1332(b). The words "prescribed in subsection (c) or (d)" are substituted for the words "of twelve consecutive months applicable to him", in 50:1332(b). 50:1331(b)(4) is omitted as executed throughout this revised title.

In subsection (c), the words "continued in" are substituted for the words "has not been removed from". 50:1332(c)(1) (last 17 words) is omitted as surplusage.

References in Text

Section 1002 of this title, referred to in subsec. (b), was renumbered section 12642 of this title by Pub. L. 103–337, div. A, title XVI, §1662(h)(2), Oct. 5, 1994, 108 Stat. 2996 .

Amendments

1988-Subsec. (b). 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, 8358, 8361, 8363, 8365, 8366, 8368, 8375, 8377, 8381, 8819 of this title.

¹ See References in Text note below.