Page:United States Statutes at Large Volume 94 Part 3.djvu/206

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 2850

Presidential appointment. 10 USC 603.

Temporary appointment. Service credit. Ante, p. 2846.



PUBLIC LAW 96-513—DEC. 12, 1980

higher warrant officer grade under such regulations as the Secretary of the mihtary department concerned may prescribe. "§603. Commissioned officer grades: time of war or national emergency "(a) In time of war, or of national emergency declared by the Congress or the President after November 30, 1980, the President may appoint any qualified person (whether or not already a member of the armed forces) to any commissioned officer grade in the Army, Navy, Air Force, or Marine Corps, except that appointments under this section may not be made in warrant officer grades or in grades above major general or rear admiral. Appointments under this section shall be made by the President alone. "(b) Any appointment under this section is a temporary appointment and may be vacated by the President at any time. "(c)(1) Any person receiving an original appointment under this section is entitled to service credit as authorized under section 533 of this title. "(2) An appointment under this section of a person who is not on active duty becomes effective when that person begins active duty under that appointment. "(d) An appointment under this section does not change the permanent status of a member of the armed forces so appointed. A member who is appointed under this section shall not incur any reduction in the pay and allowances to which the member was entitled, by virtue of his permanent status, at the time of his appointment under this section. (e)(1) An officer who receives an appointment to a higher grade under this section is considered to have accepted such appointment on the date of the order announcing the appointment unless he expressly declines the appointment. \2) An officer who has served continuously since he subscribed to the oath of office prescribed in section 3331 of title 5 is not required to take a new oath upon appointment to a higher grade under this section. "(f) Unless sooner terminated, an appointment under this section terminates— "(1) on the second anniversary of the appointment; "(2) at the end of the six-month period beginning on the last day of the war or national emergency during which the appointment was made; or "(3) on the date the person appointed is released from active duty; whichever is earliest. "CHAPTER 36—PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVEDUTY LIST "Subchapter "I. Selection Boards "II. Promotions "III. Failure of Selection for Promotion and Retirement for Years of Service.. "IV. Continuation on Active Duty and Selective Early Retirement "V. Additional Provisions Relating to Promotion, Separation, and Retirement

Sec. 611 619 627 637 641