10 USC 8375: Commissioned officers: brigadier general or major general; procedure on reassignment
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10 USC 8375: Commissioned officers: brigadier general or major general; procedure on reassignment 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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§8375. Commissioned officers: brigadier general or major general; procedure on reassignment

(a) Within 30 days after an officer who was promoted to the reserve grade of brigadier general or major general under section 8373 or 8376 of this title ceases to occupy the position he was promoted to fill, he shall, unless he is assigned to a comparable position of the same or a higher grade, be treated as prescribed in clause (1), (2), or (3), as determined by the Secretary of the Air Force:

(1) Be transferred in grade to the inactive status list if he is qualified, or if he is qualified and applies therefor, be transferred to the Retired Reserve.

(2) Be discharged from his reserve appointment and, if he is qualified and applies therefor, be appointed in the reserve grade held by him before his appointment in a reserve general officer grade.

(3) If not transferred under clause (1) or appointed under clause (2), be discharged from his reserve appointment.


(b) An officer who is appointed under subsection (a)(2) shall be credited with an amount of service, computed under section 8360(e) of this title, in the grade in which appointed that is equal to the amount of service computed under that section with which he was credited in that grade and in any higher grade.

(Added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1528 ; amended Pub. L. 86–559, §1(59), June 30, 1960, 74 Stat. 277 ; Pub. L. 96–513, title V, §514(3), Dec. 12, 1980, 94 Stat. 2935 .)

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Section repealed effective Oct. 1, 1996, see note set out preceding section 8351 of this title.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)
8375(a) 50:1347(c) (less last 36 words of clause (2)). Sept. 3, 1954, ch. 1257, §517(c), 68 Stat. 1178 .
8375(b) 50:1347(c) (last 36 words of clause (2)).

In subsection (a), the words "under this section, or any other provision of law" are omitted as surplusage.

Amendments

1980-Pub. L. 96–513 substituted "on" for "or" in section catchline.

1960-Subsec. (a). Pub. L. 86–559 substituted "under section 8373 or 8376 of this title" for "to fill a vacancy".

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Section Referred to in Other Sections

This section is referred to in sections 123, 8360, 8376 of this title.