Page:United States Statutes at Large Volume 70A.djvu/579

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521 Air Force in time of war as a commissioned or flight officer, may be originally appointed in any commissioned grade as a Reserve for service in the Air Force Reserve. §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. §8395. During war I n addition to appointments in time of war under chapter 839 of this title, appointments of reserve officers may be made in time of war. CHAPTER 839.—TEMPORARY APPOINTMENTS Sec.

8441. General rule. 8442. Commissioned officers; regular and reserve components: appointment in higher grade. 8443. Commissioned officers; Reserves: appointment in higher or lower grade. 8444. Commissioned officers: during war or emergency. 8445. Officers: additional appointments during war or emergency. 8446. Retention on active duty. 8447. Appointments in commissioned grade: how made; how teimtnated. 8448. Warrant officers: grades; appointment. 8449. Warrant officers: promotion. 8450. W a n ant officers: suspension of laws for promotion or mandatory retirement or separation during war or emergency. 8451. Officers: acceptance of appointment in higher grade.

§8441. General rule Temporary appointments may be made only in the A-v Force without specification of component. § 8442. Commissioned officers; regular and reserve components: appointment in higher grade (a) Whenever the number of officers of the Regular Air Force in any regular grade above second lieutenant is less than the number authorized, the vacancies may be filled by the appointment of qualified officers, as prescribed in subsection (c). (b) Whenever, under authorization by Corgress, the number of commissioned officers of the Regular Air Force on active duty plus the number of other commissioned officers of the Air Force ordered to active duty for a period of more than 30 days is more than the authorized strength of the Regular Air Force in commissioned officers on the active list, the Secretary of the Air Force shall determine the additional number of officers needed in each of the commissioned grades based upon the number of officers serving on active duty and the tasks being performed by the Air Force. Vacancies resulting from that determination may then be filled by the appointment of qualified officers, as prescribed in subsection (c).