§8376. Commissioned officers: promotion when serving in temporary grade higher than reserve grade

(a) A reserve officer who is serving on active duty (other than for training) in a temporary grade which is higher than his reserve grade shall, upon his application, be promoted to the next higher reserve grade when he completes the amount of service in his current reserve grade prescribed by section 8363(a) of this title.

(b) If an officer of the Air National Guard of the United States is eligible and applies for promotion under this section, the governor or other appropriate authority of the jurisdiction concerned may promote him to fill a vacancy specially created, if necessary, in the Air National Guard of the jurisdiction concerned. If he is so promoted, he shall, effective on the date of promotion, be extended Federal recognition in the grade to which promoted, without the examination prescribed in section 307 of title 32. If he is not so promoted in the Air National Guard within 90 days after he applies, his Federal recognition in his reserve grade shall be terminated and he shall be transferred to the Air Force Reserve and promoted therein.

(c) A reserve officer who is serving on active duty (other than for training) in a temporary grade that is higher than his reserve grade retains that temporary grade if he is released from active duty before completing the amount of service prescribed in section 8363(a) of this title or before applying for promotion under subsection (a). When he completes that amount of service and applies, or if, having completed that amount of service before being released from active duty, he applies, an officer covered by this subsection shall be promoted to the next higher reserve grade, without regard to vacancies. An officer of the Air National Guard covered by this subsection who is promoted to a grade in the Air National Guard which is equal to his temporary grade, shall be extended Federal recognition in that grade, without the examination prescribed in section 307 of title 32. If necessary, he shall be carried as an additional number therein until a vacancy occurs, but not for more than two years. If a vacancy does not occur within two years, his Federal recognition shall be terminated and he shall be transferred to the Air Force Reserve. This subsection does not apply to promotion to the reserve grade of brigadier general or major general.

(d) An officer who is released from active duty after being promoted to a reserve general officer grade under this section becomes subject to section 8375 of this title.

(Added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1528 ; amended Pub. L. 86–559, §1(60), June 30, 1960, 74 Stat. 277 .)

Repeal of Section

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

In subsection (b), the words "is eligible and" are inserted for clarity. The words "in the Air National Guard of the jurisdiction concerned" are substituted for the words "in the State or Territory, or in the District of Columbia", to conform to the last sentence of the revised subsection. The words "he applies" are substituted for the words "his application therefor". The word "therein" is inserted for clarity.

In subsection (c), the words "who was promoted to that temporary grade under any procedure" are omitted as surplusage. The words "When he completes that amount of service" are substituted for the words "After completing that prescribed promotion service in grade". The words "grade * * * which is equal to his temporary grade" are substituted for the words "the same grade in". 50:1344(d) is omitted as surplusage, since the revised section is prospective and does not authorize retroactive promotions.

Amendments

1960-Subsec. (a). Pub. L. 86–559 §1(60)(A), struck out ", and who was promoted to that temporary grade under a general selection board procedure," after "higher than his reserve grade".

Subsec. (c). Pub. L. 86–559, §1(60)(B), (C), permitted a reserve officer who is serving on active duty (other than for training) in a temporary grade that is higher than his reserve grade to retain his temporary grade if he is released from active duty before applying for promotion under subsec. (a), authorized the promotion to the next higher reserve grade of such an officer upon his application, and made subsec. (c) inapplicable to promotion to the reserve grade of brigadier general or major general.

Subsec. (d). Pub. L. 86–559, §1(60)(D), added subsec. (d).

Reserve Promotion of Certain Female Officers to Grade Equal to Temporary Grade Held After June 30, 1955

Section 6 of Pub. L. 86–559 authorized a reserve officer, who was designated as an Air Force nurse or medical specialist, or a female reserve officer of the Air Force (other than an officer designated under section 8067 of title 10, United States Code), who, after June 30, 1955, and before June 30, 1960, received a temporary appointment under section 8442 of that title in a grade higher than his reserve grade, if he applied within one year after June 30, 1960, to be promoted to a reserve grade equal to that temporary grade if he was otherwise eligible for promotion to that grade under section 8363(a) of that title.

Section Referred to in Other Sections

This section is referred to in sections 123, 8375 of this title.