§8372. Commissioned officers: Air Force Reserve; promotion; officers with special qualifications

(a) In addition to the method prescribed in sections 8367 and 8371 of this title, whenever there are vacancies in the Air Force Reserve in the reserve grade of captain, major, lieutenant colonel, or colonel, and the Secretary of the Air Force considers that there are or will be an inadequate number of officers in any one of those grades with special qualifications, he may direct a selection board to recommend a prescribed number of officers of the Air Force Reserve with those qualifications for promotion to that reserve grade. Selection for promotion to grades below colonel under this subsection shall be made under the procedures prescribed in section 8367(a) or 8367(c) of this title. Selection for promotion to the grade of colonel under this subsection shall be made under the procedures prescribed in the first two sentences of section 8367(c) of this title.

(b) Whenever the Secretary considers that the number of officers in the reserve grade of captain, major, lieutenant colonel, or colonel in-

(1) any unit of the Air Force Reserve that is in the Ready Reserve and is not on active duty or is on active duty for training; or

(2) the Air Force Reserve, in positions to be filled by officers with a mobilization assignment in the Ready Reserve;

is or may become unbalanced, he may direct that a number specified by him be selected from officers of the Air Force Reserve who are in the Ready Reserve, who are not on active duty or are on active duty for training, but who are determined to be specially qualified for, and available to fill, those vacancies. Selection for promotion under this subsection shall be made under the procedures prescribed in the first two sentences of section 8367(c) of this title, but no officer may be selected for promotion under this subsection unless he is fully qualified for promotion to the grade concerned.

(c) An officer recommended for promotion under this section may be promoted only to fill a vacancy for which he was recommended.

(d) Officers on a recommended list may be promoted under this section, in the order in which the officers' names appear on the recommended list, if they meet the requirements of subsection (b).

(e) If an officer enters upon active duty before being promoted to fill a vacancy for which he was recommended under subsection (b), his name shall be removed from the recommended list.

(f) If an officer is considered but not recommended for promotion under this section, or if his name is removed from a recommended list under subsection (e), he is not a deferred officer and he shall be treated as if he had not been considered for promotion under this section.

(Added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1527 ; amended Pub. L. 86–559, §1(57), June 30, 1960, 74 Stat. 276 .)

Repeal of Section

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

In subsection (a), the words "In addition to the method prescribed in sections 8367 and 8371 of this title" are inserted to reflect those revised sections.

In subsection (b), the words "the Secretary considers" are substituted for the words "in the opinion of the Secretary".

Subsection (f) is substituted for 50:1343(e) (last 17 words) and 50:1343(f).

Amendments

1960-Subsec. (b). Pub. L. 86–559 substituted "that is in the Ready Reserve" for "that is organized to serve as a unit" in cl. (1), "mobilization assignment in the Ready Reserve" for "mobilization assignment or designation" in cl. (2), and "he may direct that a number specified by him be selected from officers of the Air Force Reserve who are in the Ready Reserve, who are not on active duty or are on active duty for training, but who are determined to be specially qualified for, and available to fill, those vacancies" for "and that there are vacancies in that grade, he may direct that, of the officers to be selected for that grade, a number specified by him be selected from officers of the Air Force Reserve who are not on active duty or are on active duty for training but who are specially qualified for, and are geographically available to fill those vacancies", and inserted provisions prohibiting the selection of officers for promotion unless they are fully qualified for promotion to the grade concerned.

Section Referred to in Other Sections

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