Page:United States Statutes at Large Volume 70A.djvu/253

195 195 § 3394. Officers: acceptance of promotion (a) An officer of the Army National Guard of the United States or Army Reserve who is promoted as a Reserve is considered to have accepted his promotion on the date of the order announcing it, unless he expressly declines the promotion. He is entitled to the pay and allowances of the higher grade from that date, unless entitled to them from an earlier date under another provision of law. (b) An officer need not take the oath of office upon promotion if his service since last taking it has been continuous. § 3395. During war I n addition to appointments in time of war under chapter 339 of this title, appointments of reserve officers may be made in time of war. CHAPTER 339.—TEMPORARY APPOINTMENTS

Sec. 3441. General rule. 3442. Commissioned officers; regular and reserve components: appointment In higher grade. 3443. Commissioned oflBcers; Reserves: appointment in higher or lower grade. 3444. Commissioned oflBcers: during war or emergency. 3445. OflScers: additional appointments during war or emergency. 3446. Retention on active duty. 3447. Appointments in commissioned grade: how made; how terminated. 3448. Warrant officers: grades; appointment. 3449. Warrant officers: promotion. 3450. Warrant officers: suspension of laws for promotion or mandatory retirement or separation during war or emergency. 3451. Officers: acceptance of appointment in higher grade.

§ 3441. General rule Temporary appointments may be made only in the Army without specification of component. § 3442. Commissioned officers; regular and reserve components: appointment in higher grade (a) Whenever the number of officers of the Regular Army in any regular grade above second lieutenant is less than the number authorized, the vacancies may be tilled by the appointment of qualified officers, as prescribed in subsection (c). (b) Whenever, under authorization by Congress, the number of commissioned officers of the Regular Army on active duty plus the number of other commissioned officers of the Army ordered to active duty for a period of more than 30 days is more than the authorized strength of the Regular Army in commissioned officers on the active list, the Secretary of the Army shall determine the additional number of officers in each of the commissioned grades based upon the number of officers serving on active duty and the tasks being performed by the Army. Vacancies resulting from that determination may then be filled by the appointment of qualified officers, as prescribed in subsection (c). (c) Subject to subsections (a) and (b), a regular commissioned officer, or a reserve commissioned officer who is serving on active duty, may be appointed in a temporary grade that is equal to or higher than his regular or reserve grade, without vacating any other grade held hj him. Under regulations to be prescribed by the Secretary, appointments made under this subsection shall be made on

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