Page:United States Statutes at Large Volume 68 Part 1.djvu/1205

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[68 Stat. 1173]
PUBLIC LAW 000—MMMM. DD, 1954
[68 Stat. 1173]

68

STAT.]

PUBLIC LAW 7 7 3 - S E P T. 3, 1954

(c) An officer retained in an active status under section 205 of this Act is an additional number to officers otherwise authorized by law. SEC. 504. (a) For promotion purposes, seniority among Keserve officers is determined as follows: (1) Officers in any grade shall be senior to all officers in any lower grade; (2) Among officers of the same grade— (A) the officer with the longest period of promotion service in grade is the senior; (B) when seniority determined under clause (2)(A) is the same, the officer with the longest service as a commissioned officer (including service in the federally recognized National Guard or in a federally recognized status therein prior to 1933) is the senior; and (C) in all other cases the Secretary shall establish seniority, (b) A Reserve officer who is returned to an active status shall, for the purpose of promotion, if necessary, suffer loss of precedence, and a reduction in his years of promotion service in grade, so that one year after the date on which he is returned to an active status, the years of promotion service with which he is entitled to be credited for promotion purposes shall not be more than four, seven, or seven years of promotion service in grade if he is in the grade of first lieutenant, captain, or major, respectively. SEC. 505. (a) A person credited with service under section 201 of this Act shall be appointed as a Reserve officer in the grade indicated as follows: (1) A person with less than three years—second lieutenant. (2) A person with at least three, but less than seven years—^first lieutenant. (3) A person with at least seven, but less than fourteen years— captain. (4) A person with at least fourteen, but less than twenty-one years— major. (5) A person with at least twenty-one years—lieutenant colonel, except that a person with at least twenty-three years may, itnder regulations prescribed by the Secretary, be appointed in the grade of colonel. (b) I n determining seniority in grade and eligibility for promotion, a person appointed as a Reserve officer in a grade below colonel under this section shall be credited with the number of years of promotion service in the grade in which appointed equal to the difference between the number of years of service credited under section 201 of this Act and the minimum number of years of service required under subsection (a) of this section for the grade in which he was appointed. SEC, 506. (a) A Reserve officer in the grade of second lieutenant may not be promoted to, or federally recognized in, the next higher grade until he has completed three years of promotion service in the grade of second lieutenant. (b) A Reserve officer in a grade above second lieutenant, other than an adjutant general or assistant adjutant general of a State, a Territory, or the District of Columbia who holds his grade as a Reserve officer solely because of his position as an adjutant general or an assistant adjutant general, may not be considered by a selection board for promotion, or examined by a Federal recognition board for Federal

1173

Seniority for promotion purposes.

Constructive credit. Appointments.

Minimum service in grade.