220
PUBLIC LAW 115-JUNE 30, 1955
SO u s e 1340.
50 USC 1341. Promotion s t a tus, etc.
- l o t *
- >ay
^0 USC 1353.
50 USC 1354.
50 USC 1331 et seg. E m p 1 o yment in Air National Guard.
[69
ST AT.
may be promoted to the permanent grade of first lieutenant before completion of three years of promotion service." (g) Section 510(b) of such Act is amended by striking the period at the end of paragraph 2 thereof and inserting a semicolon and the following: "and "(3) only those Reserve officers of the Air National Guard of the United States who must be considered at that time in accordance with the provisions of subsection (a) of this section." (h) Section 511 of such Act is amended by striking out subsection (b) and inserting in lieu thereof the following new subsections: " (b) Except as provided in subsection (c) hereof, a Reserve officer on active duty who is promoted to a grade higher than that in which he is serving shall continue to serve on active duty in the grade in which he was serving immediately before that promotion, and may be appointed in a temporary grade which is equal to that lower grade. An officer who is so appointed in a temporary grade is considered to have accepted the appointment upon the date of the orders announcing it unless he expressly declines it, and need not take a new oath of office upon being so appointed. However, he may decline the appointment within six months after the date of the order announcing it, and shall be released from active duty. "(c) A Reserve officer on active duty who has not completed his period of required active duty as a member of a reserve component under any provision of law or regulations, and who is recommended or found qualified for promotion, may not be promoted until he completes that period of required active duty, or until he is temporarily promoted to that higher grade. Upon completing that period of required active duty or upon being temporarily promoted to that higher grade, he shall, if he applies therefor, be promoted, be subject to subsection (b), and be credited with the amount of promotion service in the higher grade that he would have had if he had been promoted but for the provisions of this subsection. " (d) A Reserve officer who, while he is serving on active duty, is promoted to a grade higher than the grade in which he is serving, may not serve on active duty in the grade to which promoted, or be entitled while on that period of active duty to the rank, pay, and 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." (i) Section 523 of such Act is amended (1) by striking out in subsections (a), (b), and (c), the words "date upon" wherever they appear therein and inserting in lieu thereof the words "last day of the month in", and (2) by striking out in the first sentence of subsection (d) the word "Each" and inserting in lieu thereof "Effective five years after the effective date of this Act, each". (j) Section 524 of such Act is amended (1) by striking out in subsection (a) thereof "two years" and inserting in lieu thereof "five years", and (2) by striking out in the first sentence of subsections (b), (c), (d)(1), and (d)(2) thereof the word "Each" and inserting in lieu thereof "Effective five years after the effective date of this Act, each". (k) Title 5 of such Act is amended by adding at the end thereof the following new sections: "SEC. 527. Notwithstanding any other provision of this Act, a Reserve officer who becomes a civilian employee of the Air National Guard prior to the effective date of this Act may not, before attaining age sixty, while so employed and without his consent, be removed from active status by reason of any mandatory promotion provisions contained herein, except for cause, physical disability, or by reason of
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