68
STAT.]
PUBLIC LAW 7 7 3 - S E P T. 3, 1954
(2) the President again declines to appoint him in the next higher grade; shall, subject to sections 204 and 205 of this Act, if qualified and he applies therefor, be transferred to the Eetired Reserve or discharged. SEC. 519. (a) Notwithstanding any other provision of this Act, the appointment and promotion of officers in the Air National Guard of a State, a Territory, or the District of Columbia is a function of the Governor or other appropriate authority thereof. (b) Except as provided by this section and sections 520 and 521 of this title, each person appointed in or promoted to a commissioned grade in the Air National Guard of a State, a Territory, or the District of Columbia to fill an authorized vacancy shall be examined for Federal recognition in that grade by a Federal recognition board. An officer of the Air Force Reserve who is appointed in the Air National Guard of a State, a Territory, or the District of Columbia in a commissioned grade to fill an authorized vacancy shall, effective on the date of his appointment in the Air National Guard of that State or Territory, or of the District of Columbia, be extended Federal recognition, without the examination prescribed in section 75 of the National Defense Act, as amended, if at the time of his appointment he holds the same grade as a Reserve officer or his name is on a recommended list for promotion to that grade. No member of the Air Force Reserve may be federally recognized in the Air National Guard in a grade which is higher or lower than his permanent grade or grade for which he has been recommended for promotion by a selection board under this title. (c) A Reserve officer shall be promoted effective on the date upon which he is extended Federal recognition in the next higher grade in the Air National Guard of a State, a Territory, or the District of Columbia. (d) An adjutant general or assistant adjutant general of a State, a Territory, or the District of Columbia, may be appointed a Reserve officer in any grade if he is extended Federal recognition in that grade in the Air National Guard of a State, a Territory, or the District of Columbia. SEC. 520. (a) An officer of the Air National Guard of the United States in the grade of second lieutenant who is appointed in or promoted to the grade of first lieutenant by the Governor or other appropriate authority to fill an authorized vacancy in the Air National Guard of a State, a Territory, or the District of Columbia, shall be extended Federal recognition, without the examination prescribed in section 75 of the National Defense Act, as amended, in the grade of first lieutenant and promoted effective on the date upon which he completes three years of promotion service in grade. (b) Subject to section 204 of this Act, and notwithstanding any other law, an officer of the Air National Guard of the United States in the grade of second lieutenant who is not appointed in or promoted to the grade of first lieutenant by the Governor or other appropriate authority of a State, a Territory, or the District of Columbia, shall, within ninety days after he completes three years of promotion service in the grade of second lieutenant, be discharged. SEC. 521. Each officer of the Air National Guard of the United States recommended for promotion to the grade of captain, major, or lieutenant colonel, by a selection board under this title, who— (1) is, before the date on which he would be promoted under section 511 of this title, appointed in, or promoted to, the next higher grade to fill an authorized vacancy in the Air National Guard of a State, a Territory or the District of Columbia, shall be extended Federal recognition, without the examination pre-
11T9
Air National Guard.
48 Stat. 158. 32 USC 113.
First lieutenant.
Captain, majcir, and l i e u t e n a n t colonel.
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