1466 10 USC 3287.
10 USC 3288.
10 USC 5591.
PUBLIC LAW 8 5 - 8 6 1 - S E P T. 2, 1958
[72
ST A T.
(74) Section 3287 is amended to read as follows:
- '§3287. Commissioned officers: original appointment; service
credit " (a) For the purpose of determining grade, position on a promotion list, seniority in his grade in the Regular Army, and eligibility for promotion, a person originally appointed in a commissioned grade in the Regular Army, except in the Medical Corps, Dental Corps, Army Nurse Corps, or Army Medical Specialist Corps, may, in uie discretion of the Secretary of the Army, be credited at the time of his appointment— "(1) with the active commissioned service in the Army that he performed after December 6, 1941, after becoming 21 years of age, and before his appointment; and "'(2) with one of the following periods, if applicable: " (A) Three years, if he is appointed as a chaplain, in the Judge Advocate General's Corps, or in the Veterinary Corps. " (B) Three years, if he is appointed in the Medical Service Corps and if he holds the degree of doctor of philosophy or a comparable degree recognized by the Surgeon General in a science allied to medicine. " (C) If he was a commissioned officer on active duty on July 20, 1956, a period of not more than 8 years, computed " (i) taking the period of commissioned service that may be credited to him in computing his basic pay, but not more than the period computed by subtracting 27 years from his age on the date of his appointment: and "(ii) subtracting the period of active commissioned service in the Army that he performed after December 6, 1941, after becoming 21 years of age, and before his appointment, but not more than the difference in age computed under subparagraph (i). " (D) The number of days, months, and years by which the appointee's age exceeds 27 years, but not more than two years. " (b) Notwithstanding any other provision of law, a person who was a cadet at the United States Military Academy or the United States Air Force Academy, or a midshipman at the United States Naval Academy, may not be originally appointed in a commissioned grade in the Regular Army before his classmates at that academy are graduated and appointed as officers. A person who was a cadet or midshipman at, but was not graduated from, one of those academies may not be credited, upon original appointment as a commissioned officer of the Regular Army, with longer service than that credited to any member of his class at that academy whose service in the Army has been continuous since graduation. " (c) A graduate of the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy who is originally appointed as a second lieutenant in the Regular Army is not entitled to any service credit under this section." (75) Section 3288 is amended to read as follows: §3288. Commissioned officers: original appointment; determination of grade "A person originally appointed as a commissioned officer in the Regular Army, except in the Medical Corps, Dental Corps, Army Nurse Corps, or Army Medical Specialist Corps, is appointed in the grade that is held by the junior officer on the applicable promotion list who is not a deferred officer, or an officer considered but not recommended for promotion under section 518 of the Officer Personnel Act of 1947 (61 Stat. 910), and who has the same or the next longer service."
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