Page:United States Statutes at Large Volume 70A.djvu/255

197 m (c) The President may vacate at any time a temporary appointment in a commissioned grade. §3448. Warrant officers: grades; appointment (a) The temporary warrant officer grades in the Army are those prescribed for regular warrant officers by section 555(a) of this title* (b) Whenever, under authorization by Congress, the number of commissioned officers of the Army on active duty is more than the authorized strength of the Kegular Army in commissioned officers on the active list, the Secretary of the Army shall determine the additional number needed in each of the warrant officer grades based on the number of warrant officers serving on active duty and the tasks being^ performed by the Army. The Secretary may appoint, by warrant,^ qualified persons as warrant officers to fill the vacancies resulting from tnat determination. Appointments under this subsection continue in effect during the pleasure of the Secretary. While holding such an appointment, a warrant officer may be ordered to active duty with any unit of the Army. (c) A warrant officer appointed under subsection (b) is entitled— (1) to count all periods of active duty under the appointment as warrant or enlisted service for all purposes; and (2) to the benefits of all laws and regulations applicable to the retirement, pensions, and disability of members of the Army on active duty. (d) If a person appointed under subsection (b) is a member of the Army at the time of his appointment, he may accept the appointment without prejudice to his existing status. Upon termination of his appointment he is entitled to the grade held at the time of that appointment. § 3449. Warrant officers: promotion Temporary promotions in warrant officer grades shall be governed by such regulations as the Secretary of the Army may prescribe. §3450. Warrant officers: suspension of laws for promotion or mandatory retirement or separation during war or emergency In time of war, or of emergency declared after May 29, 1954, by Congress or the President, the President may suspend the operation of any provision of law relating to promotion, or mandatory retirement or separation, of temporary warrant officers of the Army. § 3451. Officers: acceptance of appointment in higher grade (a) An officer who is promoted to a temporary grade 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 hi» service since last taking it has been continuous.

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