Page:United States Statutes at Large Volume 70A.djvu/580

522 522 (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 by him. Under regulations to be prescribed by the Secretary, appointments made under this subsection shall be made on a fair and equitable basis. Selections shall be based upon ability and efficiency with regard being given to seniority and age. § 8443.

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. § 8444. Commissioned officers: during war or emergency (a) I n 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 for six months thereafter. §8445.

Officers: additional appointments during war or emergency (a) I n addition to appointments authorized under section 8442 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) I n addition to appointments authorized under subsection (a) of this section, and sections 8442, 8443, and 8444 of this title, in time of war a person who holds no commissioned grade in the Regular Air Force may bs appointed in any temporary commissioned grade. (c) Unless sooner vacated, the appointment of an officer under subsection (b), except a member of the Regular Air Force, is effective during the \^ar 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 Air Forco, be relieved from active duty, at his request, within six months after the termination of the war. § 8446. Retention on active duty Notwithstanding any cth^r 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 A i r Force.

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