72
STAT.]
PUBLIC LAW 85-86 1 - S E P T. 2, 1958
next higher reserve grade when he completes the amount of service in his current reserve grade prescribed by section 8363(a) of this title. " (b) If an officer of the Air National Guard of the United States is eligible and applies for promotion under this section, the governor or other appropriate authority of the jurisdiction concerned may promote him to fill a vacancy specially created, if necessary, in the Air National Guard of the jurisdiction concerned. If he is so promoted, he shall, effective on the date of promotion, be extended Federal recognition in the grade to which promoted, without the examination prescribed in section 307 of title 32. If he is not so promoted in the Air National Guard within 90 days after he applies, his Federal recognition in his reserve grade shall be terminated and he shall be transferred to the Air Force Keserve and promoted therein. "(c) A reserve officer who is serving on active duty (other than for training) in a temporary grade which is higher than his reserve grade retains that temporary grade if he is released from active duty before completing the amount of service prescribed in section 8363(a) of this title. When he completes that amount of service, an officer of the Air Force Reserve covered by this subsection shall, upon his application, be promoted to the next higher reserve grade, without regard to vacancies. An officer of the Air National Guard covered by this subsection who is promoted to a grade in the Air National Guard which is equal to his temporary grade, shall be extended Federal recognition in that grade, without the examination prescribed in section 307 of title 32. If necessary, he shall be carried as an additional number therein until a vacancy occurs, but not for more than two years. If a vacancy does not occur within two years, his Federal recognition shall be terminated and he shall be transferred to the Air Force Eeserve. "§8377. Commissioned officers: effect of removal from recommended list by President " (a) If a reserve commissioned officer who is recommended for promotion to a reserve grade is not promoted because the President declines to appoint him, or because the Senate does not consent to his appointment after he has been nominated for appointment in a reserve general officer grade, he continues to be eligible as if he had not been considered for promotion and shall be considered by the next appropriate selection board considering officers of his grade. If he is recommended by the next selection board, his name shall be placed on the recommended list. If he is promoted on the recommendation of that board, he shall be credited with the same amount of service, computed under section 8360(e) of this title, in the grade to which promoted, that he would have had if he had been promoted as a result of his original selection. "(b) An officer in the reserve grade of first lieutenant, captain, or major who is not promoted because the President declines to appoint him in the next higher grade, and who is not thereafter promoted because— "(1) he is considered by a selection board but is not recommended for promotion; or "(2) the President again declines to appoint him in the next higher grade; shall, except as provided in sections 1005 and 1006 of this title, be transferrea to the Retired Reserve, if he is qualified and applies therefor, or be discharged from his reserve appointment.
1529
^2 USC 307.
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