Page:United States Statutes at Large Volume 70A.djvu/254

196 196 a fair and equitable basis. Selections shall be based upon ability and efficiency with regard being given to seniority and age. §3443. Commissioned officers; Reserves: appointment in higher or lower grade A reserve commissioned officer who is ordered to, or is serving on, active duty may be appointed, with his consent, in a temporary grade that is higher or lower than his reserve grade, without affecting his reserve grade. § 3444. Commissioned officers: during war or emergency (a) In time of emergency declared by Congress or the President, and in time of war, the President may appoint any qualified person, including a person who is not a Regular or Reserve, in any temporary commissioned grade. (b) An officer appointed under subsection (a) may be ordered to active duty for such period as the President prescribes. (c) Unless sooner vacated, an appointment under subsection (a) is effective during the war or emergency in which it is made and tor six months thereafter. §3445. Officers: additional appointments during war or emergency (a) In addition to appointments authorized under section 3442 of this title, in time of war or of national emergency declared by the President, a regular officer or a reserve warrant officer may be appointed in a temporary grade that is higher than his regular or reserve grade, without vacating that grade. (b) In addition to appointments authorized under subsection (a) of this section, and sections 3442, 3443, and 3444 of this title, in time of war a person who holds no commissioned grade in the Regular Army may be appointed in any temporary commissioned grade. (c) Unless sooner vacated, the appointment of an officer under subsection (b), except a member of the Regular Army, is effective during the war in which it is made and for six months thereafter. (d) Each officer appointed under subsection (b) shall, unless he is a member of the Regular Army, be relieved from active duty, at his request, within six months after the termination of the war. § 3446. Retention on active duty Notwithstanding any other provision of law, the President shall retain on active duty any disabled officer who has only a temporary appointment until his physical condition is such that he will not be further benefited by retention in a military hospital or in the Army. §3447. Appointments in commissioned grade: how made; how terminated (a) The appointment of a person under sections 3442, 3443, 3444, and 3445 of this title shall be made without reference to any other appointment that he may hold in the Army. (b) Temporary appointments of commissioned officers in the Army shall be made by the President alone in grades below brigadier general, and by the President, by and with the advice and consent of the Senate, in general officer grades.

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