CHAPTER 837-APPOINTMENTS AS RESERVE OFFICERS 1 Sec. [8351. Transferred.] [8352. Transferred.] 8353. 8354. [8355. 8356. 8358. 8359. 8360. Commissioned officers: service credit upon original appointment. Commissioned officers: appointment of warrant officers and enlisted members of Air National Guard of United States; status. Repealed.] Commissioned officers: Air Force Reserve; aviation cadets: appointment; qualifications, grade. Commissioned officers: original appointment; service credit. Commissioned officers: original appointment; determination of grade. 8361. Commissioned officers: seniority for promotion purposes. 8362. 8363. 8365. 8366. Commissioned officers: selection boards. Commissioned officers: selection boards, general procedure. Commissioned officers: promotion to captain, major, or lieutenant colonel. 8367. Commissioned officers: promotion to captain, major, or lieutenant colonel; 8368. [8370. 8371. 8372. 8373. 8374. 8375. 8376. 8377. 8378. selection board procedure. Commissioned officers: effect of failure of promotion to captain, major, or lieutenant colonel. Repealed.] Commissioned officers: Air Force Reserve; promotion to colonel. Commissioned officers: Air Force Reserve; promotion; officers with special qualifications. Commissioned officers: Air Force Reserve; promotion to brigadier general and major general. Commissioned officers: promotion effective as of date of Federal recognition. Commissioned officers: brigadier general or major general; procedure on reassignment. Commissioned officers: promotion when serving in temporary grade higher than reserve grade. Commissioned officers: effect of removal from recommended list by President. Commissioned officers: promotion of officers removed from active status. 8379. Commissioned officers: appointment in Air National Guard; function of 8380. 8381. 8392. 8393. 8394. 8395. 8396. governor. Commissioned officers: promotion of reserve commissioned officers on active duty and not on the active duty list. Commissioned officers: adjutants general and assistant adjutants general. Commissioned officers: reserve grade of adjutants general and assistant adjutants general. Commissioned officers: sea or foreign service not to be required for pro 1This chapter is repealed Oct. 1, 1996, pursuant to sections 1629(c), 1691(b)(1) of the Reserve Officer Personnel Management Act (title XVI of P.L. 103–337; 108 Stat. 2963, 3026). [§ 8351. Transferred to § 12212.] [§ 8352. Transferred to § 12214.] § 8353. Commissioned officers: service credit upon original appointment 2 (a)(1) For the purpose of this chapter and chapter 863 of this title and under regulations prescribed by the Secretary of Defense, a person receiving an original appointment as a reserve commissioned officer in the Air Force, or receiving a designation in or assignment to an officer category in which advanced education or training or special experience is required or will be directly used, shall be credited at the time of such appointment, designation, or assignment with any service as a commissioned officer, except service as a commissioned warrant officer, that he performed as a regular officer on active duty or as a reserve officer in an active status in any armed force, the National Oceanic and Atmospheric Administration, or the Public Health Service before such appointment, designation, or assignment. (2) The Secretary of Defense shall prescribe regulations to authorize the Secretary of the Air Force to limit the amount of prior commissioned service with which a person may be credited under paragraph (1), or to deny any such credit, in the case of a person who is credited with constructive service under subsection (b). (b)(1) Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall credit a person who is receiving an original appointment as a reserve commissioned officer in the Air Force or a designation in or assignment to an officer category in which advanced education or training or special experience is required or will be directly used and who has advanced education or training or special experience with constructive service for such education, training, or experience as follows: (A) One year for each year of advanced education beyond the baccalaureate degree level, for persons designated in or assigned to officer categories requiring such advanced education or an advanced degree as a prerequisite for such designation or assignment. In determining the number of years of constructive service to be credited under this clause to officers in any professional field, the Secretary concerned shall credit an officer with, but with not more than, the number of years of advanced education required by a majority of institutions that award degrees in that professional field for completion of the advanced education or award of the advanced degree. (B)(i) Credit for any period of advanced education in a health profession (other than medicine and dentistry) beyond the baccalaureate degree level which exceeds the basic education criteria for designation or assignment as an officer in such health profession, if such advanced education will be directly used by the Air Force. (ii) Credit for experience in a health profession (other than medicine or dentistry), if such experience will be directly used by the Air Force. 2 This section is repealed Oct. 1, 1996, pursuant to sections 1629(c), 1691(b)(1) of the Reserve Officer Personnel Management Act (ROPMA) (title XVI of P.L. 103-337, 108 Stat. 2963, 3026). (C) Additional credit of (i) not more than one year for internship or equivalent graduate medical, dental, or other formal professional training required by the armed forces, and (ii) not more than one year for each additional year of such graduate-level training or experience creditable toward certification in a speciality required by the Air Force. (D) Additional credit, in unusual cases, based on special experience in a particular field. (E) Additional credit for experience as a physician or dentist, if appointed with a view to designation as a medical or dental officer. (2) Except as authorized by the Secretary of the Air Force in individual cases and under regulations prescribed by the Secretary of Defense in the case of an officer appointed with a view to designation as a medical or dental officer, the amount of constructive service credited an officer under this subsection may not exceed the amount required in order for the officer to be eligible for an original appointment in the grade of major. (3) Constructive service credited an officer under this subsection is in addition to any service credited that officer under subsection (a) and shall be credited at the time of the original appointment of the officer or his designation in or assignment to an officer category in which advanced education or training or special experience is required or will be directly used. (c) Constructive service may not be credited under subsection (b) for education, training, or experience obtained while serving as a commissioned officer (other than a warrant officer) on active duty or in an active status. However, in the case of an officer who completes advanced education or receives an advanced degree while in an active status and in less than the number of years normally required to complete such advanced education or receive such advanced degree, constructive service may, subject to regulations prescribed under subsection (a)(2), be credited to the officer under subsection (b)(1)(A) to the extent that the number of years normally required to complete such advanced education or receive such advanced degree exceeds the actual number of years in which such advanced education or degree is obtained by the officer. (d) If the Secretary of Defense determines that the number of qualified judge advocates serving on active duty in the Air Force in grades below major is critically below the number needed by the Air Force in such grades, he may authorize the Secretary of the Air Force to credit any person receiving an original appointment with a view to designation as a judge advocate with a period of constructive service in such an amount (in addition to any period of service credited such person under subsection (b)(1)) as will result in the grade of such person being that of captain and the date of rank of such person being junior to that of all other officers of the same grade serving on active duty. (Added P.L. 85-861, § 1(178)(A), Sept. 2, 1958, 72 Stat. 1520, and amended P.L. 86559, §1(49), June 30, 1960, 74 Stat. 275; P.L. 96-513, §205(b), Dec. 12, 1980, 94 Stat. 2882; P.L. 97-22, §7, July 10, 1981, 95 Stat. 131; P.L. 98-94, §1007(c)(5), Sept. 24, 1983, 97 Stat. 662; P.L. 100-180, 8714(d), Dec. 4, 1987, 101 Stat. 1113; P.L. 103-160, $509(d), Nov. 30, 1993, 107 Stat. 1648.) § 8354. Commissioned officers: appointment of warrant officers and enlisted members of Air National Guard of United States; status 3 (a) Notwithstanding any other provision of law, a warrant officer or enlisted member of the Air National Guard of the United States may, without affecting that status or vacating his warrant or enlisted grade in the Air National Guard, be appointed as a reserve officer of the Air Force in the grade of first lieutenant or second lieutenant. (b) A member of the Air National Guard of the United States who is appointed in a commissioned grade under this section is not in an active status as a commissioned officer unless he is on active duty as a commissioned officer. (Aug. 10, 1956, ch. 1041, 70A Stat. 520; Sept. 2, 1958, P.L. 85–861, § 1(178)(B), 72 Stat. 1520.) [§ 8355. Repealed. P.L. 88–647, §301(21), Oct. 13, 1964, 78 Stat. 1073] § 8356. Commissioned officers; Air Force Reserve; aviation cadets: appointment; qualifications, grade 4 (a) An aviation cadet who successfully completes the prescribed course of training shall be appointed in the grade of second lieutenant as a Reserve of the Air Force for service in the Air Force Reserve, and shall be promoted to the reserve grade of first lieutenant upon completing three years of active duty under section 8257(c)(1) of this title. (b) A person who completes the course of training as an aviation cadet or aviation student, and who has served in the Army or the Air Force in time of war as a commissioned or flight officer, may be originally appointed in any commissioned grade as a Reserve for service in the Air Force Reserve. (Aug. 10, 1956, ch. 1041, 70A Stat. 520; P.L. 103–337, § 1636(b), Oct. 5, 1994, 108 Stat. 2968.) §8358. Commissioned officers: original appointment; service credit 5 For the purpose of determining seniority in his reserve grade and eligibility for promotion, a person appointed in a grade below colonel under section 8359 of this title shall be credited with the number of years of service, computed under section 8360(e) of this title, in that grade that is equal to the difference between the number of years of service credited to him under section 8353 of this title and the minimum number of years of service prescribed by section 8359 of this title for the grade in which he is appointed. (Added P.L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1520.) This section is repealed Oct. 1, 1996, pursuant to sections 1629(c), 1691(b)(1) of ROPMA. This section is repealed Oct. 1, 1996, pursuant to sections 1629 (c), 1691(b)(1) of ROPMA. 5 This section is repealed Oct. 1, 1996, pursuant to sections 1629(c), 1691(b)(1) of ROPMA. |