72
STAT.]
PUBLIC LAW 85-86 1 - S E P T. 2, 1958
This subsection does not apply to an adjutant general or assistant adjutant general of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia who holds his reserve grade solely because of his position as adjutant general or assistant adjutant general. " (b) An officer may not be considered by a selection board for promotion under this chapter more than two years, if in a reserve grade below colonel, or more than one year, if in a reserve grade above lieutenant colonel, before the date on which it is anticipated that he will be promoted if recommended by the selection board. "(c) Except for officers behig considered under section 8372 of this title, and except for deferred officers who may not be considered at that time, an officer may not be considered by a selection board for promotion unless the board considers all officers who are senior to him in his reseive grade and who are not on a recommended list. " (d) The names of officers reconunended by a selection board foipromotion shall be placed on a recommended list of their grade below the names of those recommended by earlier selection boarcls and in the same order among themselves as existed when they were considered by the selection board. A name so placed on a list shall be carried thereon until the officer is promoted to the grade for which he is recommended or until his name is removed under another provision of this chapter. "(e) Except as provided in section 8366(c), 8372,8374,8379, or 8380 of this title or subsection (f) of this section, a reserve officer whose name is on a recommended list may not be promoted ahead of any officer whose name precedes his on that recommended list. " (f) A promotion under this chapter may be made effective before, on, or after the date on which it is made. Unless expressly provided otherwise in this chapter, the officer concerned is entitled to the pay, allowances, and any other benefits authorized by law for the grade to which he is promoted from the effective date of the promotion.
- § 8365. Commissioned officers: promotion to first lieutenant
"(a) An officer of the Air Force Reserve in an active status in the reserve grade of second lieutenant shall, if he is found qualified for promotion, be promoted to the reserve grade of first lieutenant effective on the date on which he completes three years of service, computed under section 8360(e) of this title, in the reserve grade of second lieutenant. "(b) "Whenever the Secretary of the Air Force determines that there are vacancies in the reserve grade of first lieutenant, officers in the reserve grade of second lieutenant who have not completed three years of service, computed under section 8360(e) of this title, in that grade, may be promoted to the reserve grade of first lieutenant under regulations to be prescribed by the Secretary. "(c) An officer of the Air National Guard of the United States in the reserve grade of second lieutenant who is appointed in the grade of first lieutenant by the governor or other appropriate authority of the jurisdiction concerned to fill a vacancy in the Air National Guard shall be extended Federal recognition in the grade of first lieutenant, without the examination prescribed in section 307 of title 32, and shall be promoted to that reserve grade, effective on the date on which he completes three years of service, computed under section 8360(e) of this title, in the reserve grade of second lieutenant. "§8366. Commissioned officers: promotion to captain, major, or lieutenant colonel " (a) Without regard to vacancies, each officer whose reserve grade is first lieutenant, captain, or major shall be considered for promotion to the next higher reserve grade, far enough in advance of the date on which he will complete the years of service prescribed in columns
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