1478
PtfBLIC LAW 85-861-SEPT. 2, 1958
[72 S T A T.
'^§3386. Commissioned officers: promotion upon release from active duty "Upon release from active duty (other than for training), a reserve commissioned officer shall be promoted to a reserve grade that is equal to the highest temporary grade in which he served on that duty satisfactorily, as determined by the Secretary of the Army. An officer who is promoted under this section may not thereafter be promoted for the first time as a reserve officer in an active status and not assigned to a unit organized to serve as a unit, until he completes the service prescribed under section 3369 of this title *or promotion to the grade concerned.
- '§ 3388. Commissioned officers: Army Reserve; effect of entering
upon active duty while eligible for promotion "If a commissioned officer of the Army Reserve who enters upon active duty (other than for training) while his name is on a zone of consideration list under section 3383 of this title has had his name submitted to a selection board, or is recommended for promotion under section 3383 or 3384 of this title, his name shall be removed from the list or withdrawn from those recommended for promotion, and he shall be treated as if he had not been considered for promotion. '*§ 3389. Commissioned officers: promotion to higher reserve grade after temporary appointment " (a) When he completes the service prescribed by the Secretary of the Army, a commissioned officer of the Army Reserve who is on active duty (other than for training) in a temporary grade that is higher than his reserve grade shall be promoted to an appropriate higher reserve grade that is not higher than his temporary grade and not above colonel. "(b) When he completes the service prescribed by the Secretary, a commissioned officer of the Army National Guard of the United States who is on active duty in a temporary grade that is higher than his reserve grade is eligible for promotion to an appropriate higher reserve grade that is not higher than his temporary grade and not above colonel. "(c) The Secretary shall annually prescribe the period of service required for promotion to each grade under this section. The period shall conform as nearly as possible to the corresponding period of service then being applied to the promotion of regular officers. § 3390. Commissioned officers: Army National Guard of United States; procedure for promotion to higher reserve grade after temporary appointment " (a) If an officer of the Army National Guard of the United States who is on active duty (other than for training) is recommended for promotion or becomes eligible for promotion under section 3389 of this title, an opportunity shall be given to the appropriate authority of the State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia, as the case may be, to promote that officer to fill a vacancy in the Army National Guard of that jurisdiction. If necessary, a vacancy may be created for the purposes of this subsection. " (b) If such an officer is so promoted in the Army National Guard, Federal recognition is extended to him effective as of the date on which he would have been promoted if he were an officer of the Army Reserve, and he may be promoted in his reserve grade effective as of the date of the extension of Federal recognition. However, if he is not so promoted in the Army National Guard, his Federal recognition in his reserve grade shall be withdrawn and he shall be transferred to the Army Reserve.
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