72 S T A T. ]
PUBLIC LAW 85-86 1 - S E P T. 2, 1958
(E) by inserting the following new sections after section 3357: '^§3359. Commissioned officers: original appointment; determination of grade "Based upon the service credited under section 3353 of this title, the commissioned grade in which a person credited with service under that section is originally appointed as a reserve officer of the Army is: "(1) For persons with less than three years of service—second lieutenant. "(2) For persons with at least three, but less than seven, years of service—first lieutenant. "(3) For persons with at least seven, but less than 14, years of service—captain. "(4) For persons with at least 14, but less than 21, years of service—major. "(5) For persons with at least 21 years of service—lieutenant colonel. "(6) For persons with at least 23 years of service—lieutenant colonel or colonel, as the Secretary of the Army determines. "§ 3360. Commissioned officers: promotion service " (a) To be eligible under this chapter for (1) consideration for promotion, (2) examination for Federal recognition, or (3) promotion, a reserve commissioned officer must be in an active status. "(b) For the purposes of sections 3363, 3364, 3365, 3366 (a) (column 2), 3367, 3370, 3371 (a), 3382, 3819, and 3820 (c) of this title, an officer's years of service are computed by adding— "(1) all service that he has, or is credited by the Secretary of the Army with having, in his current grade in the Army, or in the discretion of the Secretary of the Army, any other armed force, while in an active status or on the active list; "(2) for a person who was on active duty (other than for training) before September 3, 1945, all service while on active duty (other than for training) before January 1, 1949, in the Army or, in the discretion of the Secretary, any other armed force, in a temporary grade equal to or higher than his current reserve grade; and "(3) for a person originally appointed in a grade below colonel, all service credited under section 3353 of this title or section 22 of the Act enacting this section, that exceeds the minimum years of service prescribed by section 3359 of this title for the grade in which he is appointed. No service may be counted more than once. For a person credited with service under section 3353 of this title or section 22 of the Act enacting this section, no service before appointment or transfer may be counted under clause (1) or (2). "(c) For the purposes of section 3369 of this title, an officer's years of service are the greater of— "(1) the sum of (A) his years of service as a commissioned officer of any component of the armed forces or of the Army without specification of component, (B) his years of service before June 15, 1933, as a commissioned officer in the federally recognized National Guard or in a federally recognized commissioned status in the National Guard, and (C) the years of service credited to him under section 3353 of this title or section 22 of the Act enacting this section; and "(2) the number of years by which his age exceeds 25 years. No service may be counted more than once. For a person credited
1469
lo use 3320.
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