§8366. Commissioned officers: promotion to captain, major, or lieutenant colonel

(a) Without regard to vacancies, each officer whose reserve grade is first lieutenant, captain, or major shall be considered for promotion to the next higher reserve grade, far enough in advance of the date on which he will complete the years of service prescribed in columns 2 and 3 of the following table that, if recommended, he may be promoted effective on the date on which he will complete that service.

Column 1	Column 2	Column 3
Current reserve grade	Service computed under sec. 8360(e) of this title	Service computed under subsec. (e)
First lieutenant	4	7
Captain	7	14
Major	7	21

(b) Having in view the number of actual and anticipated vacancies in the Air Force Reserve in the reserve grade of captain, major, or lieutenant colonel, the Secretary of the Air Force may direct a selection board to consider and recommend officers for promotion to those grades. The names of the officers to be considered shall include-

(1) the name of the senior officer of the Air Force Reserve in the reserve grade of first lieutenant, captain, or major, as the case may be, whose name is not on a recommended list;

(2) the names of such additional officers of the Air Force Reserve in those reserve grades, in order of seniority, as the Secretary may prescribe; and

(3) the names of those officers of the Air National Guard of the United States who must be considered at that time under subsection (a).

(c) Each officer of the Air National Guard of the United States who is recommended by a selection board for promotion to the reserve grade of captain, major, or lieutenant colonel, and who, before the date on which he would be promoted under subsection (d), is appointed in the next higher grade to fill a vacancy in the Air National Guard, shall be extended Federal recognition in that grade, without the examination prescribed in section 307 of title 32, and shall be promoted to that reserve grade effective on the date on which he is appointed in that grade in the Air National Guard. If he is not so appointed in the next higher grade in the Air National Guard, he shall, effective as of the date on which he must be promoted under subsection (d), have his Federal recognition terminated, be transferred to the Air Force Reserve, and be promoted.

(d) An officer whose reserve grade is first lieutenant, captain, or major and whose name is on a recommended list may be promoted at any time to fill a vacancy, and shall be promoted, without regard to the existence of a vacancy, on the date on which he completes the service prescribed in subsection (a).

(e) For the purpose of column 3 of subsection (a), an officer's years of service are computed by adding-

(1) all service as a commissioned officer of any armed force;

(2) all service before June 15, 1933, as a commissioned officer in the federally recognized National Guard or in a federally recognized commissioned status in the National Guard, and in the National Guard after June 14, 1933, if his service therein was continuous from the date of his Federal recognition as an officer therein to the date of his appointment in the National Guard of the United States; and

(3) all service credited to him under section 8353 of this title.

No service may be counted more than once.

(Added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1523 ; amended Pub. L. 86–559, §1(53), June 30, 1960, 74 Stat. 275 ; Pub. L. 90–130, §1(28)(A), Nov. 8, 1967, 81 Stat. 382 .)

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)
8366(a) 8366(b) 8366(c) 8366(d) 8366(e) 8366(f)	50:1340(a). 50:1340(b). 50:1351. 50:1341(a). 50:1331(b)(5) (as applicable to promotion). 50:1340(c).	Sept. 3, 1954, ch. 1257, §§501(b)(5) (as applicable to promotion), 510, 511(a), 521, 68 Stat. 1172 , 1174, 1175, 1179; June 30, 1955, ch. 247, §4(g), 69 Stat. 220 .

In subsection (a), the words "Without regard to vacancies" are substituted for the words "Irrespective of the existence of a vacancy". The words "for promotion by the selection board" are omitted as surplusage.

In subsection (b), the words "Having in view" are substituted for the words "Based upon".

In subsection (c), the words "or promoted to" are omitted as covered by the words "appointed in". The word "authorized" is omitted as surplusage. The words "of a State, a Territory or the District of Columbia" are omitted as surplusage.

In subsection (f), the words "who is not designated under section 8067 of this title or appointed in the Air Force with a view to designation under that section" are substituted for the words "appointed under section 310 of the Women's Armed Services Integration Act of 1948", since that section was repealed by section 803 of the Armed Forces Reserve Act of 1952 (66 Stat. 506). The quoted words were intended to refer to those female reserve officers who were appointed with a view to performing general duties and were not intended to refer to those appointed with a view to performing professional duties, such as medical, dental, nursing, and legal duties.

Amendments

1967-Subsec. (f). Pub. L. 90–130 struck out subsec. (f) which provided that this section should not apply to the promotion to a grade above major of any Air Force nurse or medical specialist or any female reserve officer not designated under section 8067(a)–(d) or (g)–(i) of this title or appointed in the Air Force with a view to designation under that section.

1960-Subsec. (e). Pub. L. 86–559, §1(53)(A), included within cl. (2) service as a commissioned officer in the National Guard after June 14, 1933, if the officer's service therein was continuous from the date of his Federal recognition as an officer therein to the date of his appointment in the National Guard of the United States.

Subsec. (f). Pub. L. 86–559, §1(53)(B), substituted "major of any Air Force nurse or medical specialist or any female reserve officer who is not designated under section 8067(a)–(d) or (g)–(i) of this title" for "captain of female reserve officers who are designated as Air Force nurses or medical specialists, or to the promotion to a grade above major of any female reserve officer who is not designated under section 8067 of this title".

Section Referred to in Other Sections

This section is referred to in sections 123, 8360, 8361, 8363, 8367, 8368 of this title.