§8381. Commissioned officers: adjutants general and assistant adjutants general

(a) Within 30 days after a reserve officer who is federally recognized in the Air National Guard solely because of his appointment as adjutant general or assistant adjutant general of a State or Territory, Puerto Rico, or the District of Columbia ceases to occupy that position-

(1) his Federal recognition shall be withdrawn; and

(2) he shall-

(A) be transferred in grade to the Retired Reserve, if he is qualified and applies therefor;

(B) be discharged from his reserve appointment and appointed in the reserve grade held by him as a reserve officer of the Air Force immediately before his appointment as adjutant general or assistant adjutant general, if he is qualified and applies for that appointment; or

(C) be discharged from his reserve appointment.

(b) An officer who is appointed under subsection (a)(2)(B) shall be credited with an amount of service, computed under section 8360(e) of this title, in the grade in which he is appointed that is equal to the amount of that service 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. 1531 ; amended Pub. L. 100–456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 8351 of this title.

Amendments

1988-Subsec. (a). Pub. L. 100–456 struck out "the Canal Zone," after "Puerto Rico,".

Section Referred to in Other Sections

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