10 USC 8846: Deferred officers
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10 USC 8846: Deferred officers Text contains those laws in effect on January 4, 1995
From Title 10-ARMED FORCESSubtitle D-Air ForcePART II-PERSONNELCHAPTER 863-SEPARATION OR TRANSFER TO RETIRED RESERVE
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§8846. Deferred officers

(a) Except as provided in sections 1005 and 1006 1 of this title, a deferred officer who is not recommended for promotion under section 8368(c)(1) of this title shall, one year and 90 days after the date on which he would have been promoted if he had been recommended by the first selection board that considered him-

(1) be transferred to the Retired Reserve, if he is qualified and applies therefor; or

(2) if he is not qualified or does not apply therefor, be discharged from his reserve appointment.


(b) Except as provided in sections 1005 and 1006 1 of this title, a deferred officer who is not recommended for promotion or is found to be not qualified for Federal recognition under section 8368(c)(2), (d), or (e) of this title, shall, within 90 days after the date on which the report of the selection board or Federal recognition board is approved by the Secretary of the Air Force-

(1) be transferred to the Retired Reserve, if he is qualified and applies therefor; or

(2) if he is not qualified or does not apply therefor be discharged from his reserve appointment.

(Added Pub. L. 85–861, §1(192), Sept. 2, 1958, 72 Stat. 1536 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 8841 of this title.

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8846(a)

8846(b)

 50:1352(e)(1) (less 1st 44, and 56th through 63d, words).

50:1352(e)(2) (less 1st 64, and 78th through 85th, words).

 Sept. 3, 1954, ch. 1257, §522(e)(1) (less 1st 44, and 56th through 63d, words), (2) (less 1st 64, and 78th through 85th, words), 68 Stat. 1181 .

In subsection (a), the word "applies" is substituted for the words "makes application".

In subsection (b), the word "applies" is substituted for the words "upon his application".

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 .

Transfer From Active Status of Certain Members of Air National Guard

Section 28 of Pub. L. 85–861 provided that: "Notwithstanding chapter 863 of title 10, United States Code [this chapter], a reserve officer who became a civilian employee of the Air National Guard before July 1, 1955, may not, before becoming 60 years of age and while so employed and without his consent, be removed from an active status by reason of any provision for mandatory promotion in chapter 837 of title 10, United States Code [this chapter], except for cause or physical disability, or by reason of being twice passed over for promotion to the grade of captain, major, or lieutenant colonel."

Section Referred to in Other Sections

This section is referred to in sections 123, 8368, 8377, 8855, 12646 of this title.

1 See References in Text note below.