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PUBLIC LAW 85-861-SEPT. 2, 1958
[72 ST A T.
'^§8378. Commissioned officers: promotion of officers removed from active s t a t u s " (a) A reserve commissioned officer who has been recommended by a selection board for promotion to, or found qualified for Federal recognition in, the next higher reserve grade, and who at the time he would otherwise be promoted is not eligible because he has been removed from an active status, may not, if returned to an active status, be placed on the recommended list unless he is again recommended by a selection board or is again found qualified for Federal recognition in the next higher reserve grade. " (b) A reserve commissioned officer covered by subsection (a) shall, if returned to an active status, be treated as if he had not been considered by that selection board or examined by the Federal recognition board that found him qualified for that Federal recognition before his return to an active status.
- § 8379. Commissioned officers: appointment in Air National
Guard; function of governor "Notwithstanding any other provision of this chapter, the appointment of commissioned officers of the Air National Guard is a function of the governor or other appropriate authority of the jurisdiction concerned. '^§8380. Commissioned officers: s t a t u s while serving on active d u t y after promotion " (a) A reserve commissioned officer on active duty (other than for training) who is promoted to a reserve grade that is higher than the grade in which he is serving may not serve on active duty in the reserve grade to which he is promoted and is not entitled to the rank, pay, or allowances of that higher grade unless he is ordered to serve on active duty in that higher grade or is temporarily promoted to that higher grade. " (b) Except as provided in subsection (c), a reserve commissioned officer on active duty (other than for training) who is promoted to a reserve grade that is higher than the grade in which he is serving continues to serve on active duty in the grade in which he was serving immediately before that promotion, and he may be appointed in a temporary grade that is equal to the grade in which he was so serving before that promotion. Unless he expressly declines it, an officer who is appointed in a temporary grade under this subsection is considered to have accepted the appointment on the date of the orders announcing it, and he need not take a new oath of office upon being so appointed. However, he may decline the temporary appointment within six months after the date of the orders announcing it. If he so declines the appointment, he shall be released from active duty. "(c) A reserve commissioned officer on active duty (other than for training) who has not completed the period of active duty that he is required by law or regulation to perform as a member of a reserve component, and who is recommended or found qualified for promotion to a higher reserve grade, may not be promoted until he completes that period of active duty or until he is temporarily promoted to a higher grade. Upon completing that period of active duty, or upon being temporarily promoted to that higher grade, he shall, upon his application, be promoted, he is subject to subsection (b), and he shall be credited with the service, computed under section 8360(e) of this title, in the higher grade that he would have had but for this subsection.
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