10 USC 8819: Reserve officers: discharge for failure of promotion to first lieutenant
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10 USC 8819: Reserve officers: discharge for failure of promotion to first lieutenant Text contains those laws in effect on January 4, 1995
From Title 10-ARMED FORCESSubtitle D-Air ForcePART II-PERSONNELCHAPTER 861-SEPARATION FOR VARIOUS REASONS
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§8819. Reserve officers: discharge for failure of promotion to first lieutenant

(a) Except as provided by sections 1005 and 1006 1 of this title, each second lieutenant of the Air Force Reserve who completes three years of service, computed under section 8360(e) of this title, in that grade shall be discharged from his reserve appointment if he is found to be not qualified for promotion.

(b) Except as provided by section 1005 1 of this title, each second lieutenant of the Air National Guard of the United States who completes three years of service, computed under section 8360(e) of this title, in that grade shall be discharged from his reserve appointment if he is found to be not qualified for promotion, unless before he completes that service he is appointed in the grade of first lieutenant by the governor or other appropriate authority of the jurisdiction concerned.

(c) Except as provided by section 1006 1 of this title, each second lieutenant of the Air Force Reserve who is on the active-duty list of the Air Force and is found not qualified for promotion to the reserve grade of first lieutenant shall be discharged from his reserve appointment not later than the end of the 18-month period beginning on the date on which he is first found not qualified for promotion to that grade, unless he is promoted to that grade before the end of that period.

(Added Pub. L. 85–861, §1(191)(A), Sept. 2, 1958, 72 Stat. 1534 ; amended Pub. L. 86–559, §1(65), June 30, 1960, 74 Stat. 278 ; Pub. L. 98–525, title V, §528(d), Oct. 19, 1984, 98 Stat. 2526 .)

Repeal of Section

Pub. L. 103–337, div. A, title XVI, §§1629(c)(2), 1691(b)(1), Oct. 5, 1994, 108 Stat. 2963 , 3026, provided that, effective Oct. 1, 1996, this section is repealed.

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8819(a)

8819(b)

 50:1339(b).

50:1350(b).

 Sept. 3, 1954, ch. 1257, §§509(b), 520(b), 68 Stat. 1174 , 1179.

In subsection (a), the words "of the Air Force Reserve" are inserted, since the general rule for second lieutenants of the Air National Guard of the United States is contained in subsection (b).

References in Text

Sections 1005 and 1006 of this title, referred to in text, were renumbered sections 12645 and 12646 of this title, respectively, by Pub. L. 103–337, div. A, title XVI, §1662(h)(2), Oct. 5, 1994, 108 Stat. 2996 .

Amendments

1984-Subsec. (c). Pub. L. 98–525 added subsec. (c).

1960-Subsec. (b). Pub. L. 86–559 substituted "if he is found to be not qualified for promotion" for "within 90 days after he completes that service".

Section Referred to in Other Sections

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

1 See References in Text note below.