Page:United States Statutes at Large Volume 68 Part 1.djvu/1197

 68 S T A T. ]

PUBLIC LAW 773-SEPT. 3, 1954

1165

APPOINTMENT I N APPROPRIATE HIGHER GRADE AFTER TEMPORARY APPOINTMENT

SEC. 335. A Eeserve officer on active duty who holds an appointment in a temporary grade higher than his current grade shall be appointed, or if he is an officer in the National Guard of the United States shall be eligible to be appointed, to an appropriate higher grade but not above colonel equal to or lower than his temporary grade when he has completed the years of service for the appropriate higher grade to be prescribed by the Secretary annually which shall conform as nearly as possible to the corresponding periods of total service upon which Regular officers are then being promoted. PROCEDURE FOR OFFICERS OF THE NATIONAL GUARD OF THE UNITED STATES

SEC. 336. When an officer in the National Guard of the United States on active duty is recommended for promotion or becomes eligible for appointment under section 335 the appropriate State authority will be afforded the opportunity to promote him to fill a unit vacancy in the National Guard of the State, Territory, or the District of Columbia, specially created for that purpose, if necessary. If promoted in the National Guard of the State, Territory, or the District of Columbia, he will be automatically extended Federal recognition effective on the date he would have been promoted if he were an officer in the Army Reserve. He may be promoted as a Reserve officer effective on the date of extension of Federal recognition. If not promoted in the National Guard of the State, Territory, or the District of Columbia, Federal recognition in his current grade shall be withdrawn and he shall be transferred to the Army Reserve. WITHHOLDING OF CERTAIN PROMOTIONS

SEC. 337. A Reserve officer on active duty recommended for promotion who prior to promotion is released from active duty as a result of action by a court-martial or a board of officers or request for release in lieu thereof shall not be promoted on the basis of that recommendation. The promotion of a Reserve officer under investigation or against whom proceedings of a court-martial or board of officers are pending may be delayed until such, investigation or proceedings are completed. PROMOTION UPON RELEASE FROM ACTIVE DUTY

SEC. 338. Upon release from active duty, a Reserve officer shall be appointed in a grade equal to the highest temporary grade in which he served satisfactorily as determined by the Secretary. An officer may not thereafter be promoted as a nonunit officer for the first time until he is qualified under section 315(a). RETENTION OF CERTAIN OFFICERS FOR ADDITIONAL SERVICE

SEC. 339. (a) A Reserve officer who otherwise would be removed from an active status under section 326 before the expiration of the period for which he has agreed to serve on active duty in which serving on the effective date of this Act, may, in the discretion of the Secretary, be retained on active duty until the expiration of such period and shall not be removed from an active status so long as he remains on active duty. (b) A Reserve officer serving on active duty in the temporary grade of colonel or higher who otherwise would be removed from an active

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