Page:United States Statutes at Large Volume 68 Part 1.djvu/1208

 1176 Vacancies. Special qualifications.

Temporary grade higher than permanent.

48 Stat. 158. 32 USC 113.

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

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SEC. 513. (a) Whenever there are vacancies in the Air Force Reserve in grade of captain, major, lieutenant colonel, or colonel, and the Secretary considers that there are or will be an inadequate number of officers in any of those grades with special qualifications, he may direct a selection board to recommend for promotion to that grade a prescribed number of officers of the Air Force Reserve with those qualifications. I n selecting officers for promotion under this subsection to a grade below colonel, the procedures prescribed in subsection 512(b), or in the first sentence of subsection 512(c), of this title shall be followed. I n selecting officers for promotion under this subsection to the grade of colonel, the procedures prescribed in the first sentence of subsection 512(c) of this title shall be followed. (b) Whenever in the opinion of the Secretary the number of officers in the grade of captain, major, lieutenant colonel, or colonel in— (1) any unit of the Air Force Reserve organized to serve as a unit and which is not on active duty; or (2) the Air Force Reserve in positions which are to be filled by officers with mobilization assignments or d e s i ^ a t i o n s; is, or may become, unbalanced and vacancies exist m any of those grades, he may direct that, of the officers to be considered and selected for those grades by a selection board, specified numbers be selected from among officers of the Air Force Reserve who are not on active duty and who are specially qualified for, and geographically available to fill, such vacancies. In selecting officers for promotion under this subsection, the procedure prescribed in the first sentence of subsection 512(c) of this title shall be followed. (c) An officer recommended for promotion under this section may be promoted only to fill a vacancy for which recommended. (d) Officers whose names are on a recommended list and who meet the requirements of subsection (b) of this section may be promoted as prescribed in this section, in the order in which their names appear on that recommended list. (e) If an officer enters upon active duty before being promoted to fill a vacancy for which he was recommended under subsection (b) of this section, his name shall be removed from the recommended list and he shall be treated as if he had not been considered for promotion under this section. (f) An officer considered for promotion under this section, but not recommended by a selection board, is not a deferred officer. SEC. 514. (a) A Reserve officer serving on active duty in a temporary grade higher than his permanent grade and who was promoted to that temporary grade under a general selection board procedure shall, upon application, be promoted to the next higher permanent grade upon completing the promotion service prescribed by section 506(b) of this title without further selection board action. If he is an officer of the Air National Guard of the United States and applies for permanent promotion under this section, the Governor or other appropriate authority of the State, Territory, or the District of Columbia, whichever is concerned, may promote the officer to fill a vacancy specially created, if necessary, in the State or Territory, or in the District of Columbia, whichever is concerned. If the officer is promoted he shall be extended Federal recognition in the higher grade, without the examination prescribed in section 75 of the National Defense Act, as amended, effective on the date of that promotion. If he is not promoted in the Air National Guard of the State, Territory, or the District of Columbia, whichever is concerned, within ninety days after his application therefor. Federal recognition in his permanent grade shall be terminated and he shall be transferred to the Air Force Reserve and promoted.

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