§8394. Officers; acceptance of promotion
(a) An officer of the Air National Guard of the United States or the Air Force Reserve who is promoted as a Reserve is considered to have accepted his promotion on the date of the order announcing it, unless he expressly declines the promotion. He is entitled to the pay and allowances of the higher grade from that date, unless entitled to them from an earlier date under another provision of law.
(b) An officer need not take the oath of office upon promotion if his service since last taking it has been continuous.
(Aug. 10, 1956, ch. 1041,
Repeal of Section
Section repealed effective Oct. 1, 1996, see note set out preceding section 8351 of this title.
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8394(a)
8394(b) |
10:558 (less last sentence, as applicable to reserve components). 10:558 (last sentence, as applicable to reserve components). |
Oct. 14, 1942, ch. 604 (as applicable to reserve components), |
In subsection (a), the words "is considered" are substituted for the words "shall be deemed". The words "is entitled" are substituted for the words "and shall receive". The words "to them" are substituted for the words "to receive the pay and allowances of the higher grade." The words "that date" are substituted for the words "an earlier date". The words "after December 7, 1941" are omitted as executed. The words "to a higher grade at any time", "for all purposes", and "to higher grade" are omitted as surplusage.
In subsection (b), the words "An officer need not take" are substituted for 10:558 (1st 29 words of last sentence). The words "since last taking it" are substituted for the words "after the taking of such an oath". The words "to a higher grade" are omitted as surplusage.