Page:United States Statutes at Large Volume 72 Part 1.djvu/1523

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[72 Stat. 1481]
PUBLIC LAW 85-000—MMMM. DD, 1958
[72 Stat. 1481]

72

STAT.]

PUBLIC LAW 85-861-SEPT. 2, 1958

1481

(82) Chapter 341 is amended— lo u s e 3491. (A) by inserting the following new section after section 3493: '*^°^* "§3494. Commissioned officers: grade in which ordered to active duty "A reserve commissioned officer who is ordered to active duty shall be ordered to that duty in his reserve grade unless the Secretary of the Army, in his discretion, orders him to active duty (other than for training) in a higher temporary grade."; and (B) by inserting the following new item in the analysis: "3494. Commissioned officers: grade in which ordered to active duty." (83) Section 3504(c)(2) is amended by inserting the words "or the Army Medical Specialist Corps" before the period at the end thereof. (84) The analysis of chapter 343 is amended by striking out the 354*^."^ ^ ^^^^' following item: "3546. Duties: officers of Medical Corps, contract surgeons; attendance on families of members." (85) Section 3571 is amended to read as follows: 10 USC 3571.

    • § 3571. Rank: commissioned officers on active duty

" (a) Commissioned officers of the Army on active duty in the same grade rank among themselves according to date of rank. The date of rank— " (1) for an officer of the Regular Army serving in his regular grade, is that stated in his commission or letter of appointment; " (2) for an officer of the Regular Army serving in a temporary grade, is his date of appointment in that grade, unless adjusted under section 3572 of this title; and 10 USC 3572. "(3) for a reserve officer, precedes his date of entry on active duty by a period computed by adding— " (A) the years of service after July 1, 1955, while in his current grade or in any higher grade, that are credited to him under section 1332(a)(2) of this title; 10 USC 1332. " (B) the periods of active service, while in his current grade or in any higher grade, that are not credited to him under clause (A); "(C) the periods of service, while in his current grade or in any higher grade, that he has performed under section 502, 503,504, or 505 of title 32, and that are not credited to him 32 USC 502-50' under clause (A); and " (D) one day for each point for drill or equivalent instruction after July 1, 1955, while in his current grade or in any higher grade, that is credited to him under section 1332(a) (2)(B) of this title and not credited to him under clause (A). " (b) When the dates of rank prescribed by subsection (a) are the same, rank is determined by adding all active commissioned service in the Army, all commissioned service under section 502, 503, 504, or 505 of title 32, and all service credited for points under section 1332 (a)(2)(B) of this title. "(c) When the dates of rank prescribed by subsection (a) and service computed under subsection (b) are the same: " (1) Regular officers rank before reserve officers. "(2> Regular officers rank among themselves according to sections 3573 and 3574 of this title. 574"^'^ ^"^' " f 3) Reserve officers rank among themselves according to age." (86) Section 3574(c) is amended to read as follows: "(c) Rank among the graduates of each class at the United States Military Academy, United States Naval Academy, or United States