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PUBLIC LAW 85-861-SEPT. 2, 1958
[72 S T A T.
"§ 8373. Commissioned officers: Air Force Reserve; promotion to brigadier general and major general " (a) Having in view the number of actual and anticipated vacancies in the Air Force Reserve in the reserve grade of brigadier general or major general, as the case may be, the Secretary of the Air Force shall furnish to selection boards lists of officers to be considered by those boards and shall direct the boards to recommend a number prescribed by him for promotion to the grade concerned. "(b) The lists of officers to be considered under subsection (a) shall include the name of the senior officer of the Air Force Reserve in the reserve grade of colonel or brigadier general, as the case may be, whoso name is not on a recommended list, and the names of such additional officers in the Air Force Reserve in that reserve grade, in order of seniority, as the Secretary may prescribe. To assure an adequate number of general officers of the Air Force Reserve with experience qualifying them for active service, the Secretary may further direct that of those recommended a specified number be officers with experience qualifying them for active service in a specific position, specialty, or category. "(c) The board shall recommend the prescribed number of officers whom it considers to be the best qualified, including any prescribed number with special qualifying experience. " (d) An officer recommended for promotion under this section may be promoted only to fill a vacancy.
- '§ 8374. Commissioned officers: promotion effective a s of date of
Federal recognition "A reserve commissioned officer shall be promoted effective as of the date on which he is extended Federal recognition in the next higher grade in the Air National Guard. "§ 8375. Commissioned officers: brigadier general or major general; procedure or reassignment " (a) Within 80 days after an officer who was promoted to the reserve grade of brigadier general or major general to fill a vacancy ceases to occupy the position he was promoted to fill, he shall, unless he is assigned to a comparable position of the same or a higher gradft. be treated as prescribed in clause (1), (2), or (3), as determined by the Secretary of the Air Force: "(1) Be transferred in grade to the inactive status list if he is qualified, or if he is qualified and applies therefor, be transferred to the Retired Reserve. "(2) Be discharged from his reserve appointment and, if he is qualified and applies therefor, be appointed in the reserve grade held by him before his appointment in a reserve general officer grade. "(3) If not transferred under clause (1) or appointed under clause (2), be discharged from his reserve appointment. " (b) An officer who is appointed under subsection (a)(2) shall be credited with an amount of service, computed under section 8360 (e) of this title, in the grade in which appointed that is equal to the amount of service computed under that section with which he was credited in that grade and in any higher grade. "§ 8376. Commissioned officers: promotion when serving in temporary g r a d e higher than reserve g r a d e " (a) A reserve officer who is serving on active duty (other than for training) in a temporary grade which is higher than his reserve grade, and who was promoted to that temporary grade under a general selection board procedure, shall, upon his application, be promoted to the
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