10 USC 8361: Commissioned officers: seniority for promotion purposes
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10 USC 8361: Commissioned officers: seniority for promotion purposes Text contains those laws in effect on January 4, 1995
From Title 10-ARMED FORCESSubtitle D-Air ForcePART II-PERSONNELCHAPTER 837-APPOINTMENTS AS RESERVE OFFICERS
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§8361. Commissioned officers: seniority for promotion purposes

(a) For promotion purposes, reserve commissioned officers in any reserve grade are senior to those in any lower reserve grade.

(b) Among reserve commissioned officers in the same reserve grade, seniority for promotion purposes is based on length of service in that grade computed under section 8360(e) of this title.

(c) When seniority determined under subsection (b) is the same, seniority for promotion purposes is based on length of service computed under section 8366(e) of this title.

(d) When seniority determined under subsection (c) is the same, the Secretary of the Air Force shall fix the seniority.

(e) For promotion purposes, the years of service computed under section 8360(e) of this title of a reserve commissioned officer who is returned to an active status are reduced, so far as necessary, so that one year after the date on which he is returned to that status he will not have more than four years of that service if he is in the reserve grade of first lieutenant, or seven years of that service if he is in reserve grade of captain or major. Notwithstanding any other provision of this title, such a reserve commissioned officer may not be considered for promotion until at least one year after the date on which he is returned to an active status.

(Added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1522 ; amended Pub. L. 86–559, §1(50), June 30, 1960, 74 Stat. 275 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 8351 of this title.

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8361(a)

8361(b)

8361(c)

8361(d)

 50:1334(a) (less (2)).

50:1334(a)(2)(A).

50:1334(a)(2)(B).

50:1334(a)(2)(C).

Sept. 3, 1954, ch. 1257, §504, 68 Stat. 1173 ; June 30, 1955, ch. 247, §4(c), 69 Stat. 219 .
8361(e) 50:1334(b).

In subsection (e), the words "are reduced" are substituted for the words "suffer * * * and a reduction in his". The words "he will not have" are substituted for the words "the years of * * * with which he is entitled to be credited for promotion purposes shall not be". The words "loss of precedence" are omitted as surplusage.

Amendments

1960-Subsec. (a). Pub. L. 86–559, §1(50)(A), substituted "reserve grade" for "grade" in two places.

Subsec. (e). Pub. L. 86–559, §1(50)(B), prohibited such a reserve officer from being considered for promotion until at least one year after the date on which he is returned to an active status.

Section Referred to in Other Sections

This section is referred to in sections 123, 8360 of this title.