§8378. Commissioned officers: promotion of officers removed from active status

(a) A reserve commissioned officer who has been recommended by a selection board for promotion to, or found qualified for Federal recognition in, the next higher reserve grade, and who at the time he would otherwise be promoted is not eligible because he has been removed from an active status, may not, if returned to an active status, be placed on the recommended list unless he is again recommended by a selection board or is again found qualified for Federal recognition in the next higher reserve grade.

(b) A reserve commissioned officer covered by subsection (a) shall, if returned to an active status, be treated as if he had not been considered by that selection board or examined by the Federal recognition board that found him qualified for that Federal recognition before his return to an active status.

(Added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1530 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 8351 of this title.

In subsection (b), the words "shall * * * be treated as if he had not" are substituted for the words "and shall not be deemed to have been". The words "that found him qualified for that Federal recognition before his return to an active status" are substituted for the words "which last * * * examined him prior to the time he is returned to an active status".

Section Referred to in Other Sections

This section is referred to in section 123 of this title.