1476
PUBLIC LAW 85-861-SEPT. 2, 1958
[72 S T A T.
"(3) discharge him from his reserve appointment and, if he is qualified and applies therefor, appoint him in the reserve grade held by him as a reserve officer before his appointment in a general officer grade; or "(4) discharge him from his reserve appointment.
- '§3378. Commissioned officers: promotion of officers removed
from active status " (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 be placed on the reconmiended list when he returns to an active status 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 who has been removed from an active status after being recommended by a selection board for promotion to, or found qualified for Federal recognition in, the next higher reserve grade, shall 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. §3380. Commissioned officers: election to continue on active duty 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 continues to serve on active duty in the grade in which he was serving immediately before that promotion. Unless he expressly declines the promotion he shall be treated as if lie had accepted, on the date of that promotion, an appointment in a temporary grade equal to the grade in which he was serving before that promotion. If he elects not to continue on active duty in the grade in which he is serving, he shall, except as provided in subsection (b), be relieved from active duty and be promoted on the day after he is relieved or on the date on which he would have been promoted if he had stayed on active duty, whichever is the later. If he is relieved from active duty after the date on which he would have been promoted if he had stayed on active duty, he shall be credited with the service he would have had if he had remained on active duty and had been promoted. "(b) 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 elect to be relieved from active duty under subsection (a), but may decline the promotion if he does not desire to serve on active duty m a grade lower than his reserve grade. If he so declines the promotion, he shall, if he applies, be promoted to the grade for which he was recommended or found qualified upon being temporarily promoted to that higher grade or, subject to subsection (a), upon completing his period of required active duty. "§3382. Commissioned officers: Army Reserve; promotion of second lieutenants assigned to units "Without regard to vacancies, each second lieutenant of the Army Reserve who is in an active status and who is assigned to a unit organized to serve as a unit shall, if he is found qualified for promotion by the Secretary of the Army or an officer designated by him, he promoted to the reserve grade of first lieutenant effective as of the date on which he completes three years of service computed under section 3360(b) of this title.
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