10 U.S.C. § 602

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(a)(1) Except as provided in subsection (b) and sections 605 and 606, any reserve officer of the Army or Air Force who on the effective date of this Act [Sept. 15, 1981] is subject to placement on the active-duty list of his armed force and—“(A) is serving in a temporary grade below lieutenant general that is higher than his reserve grade; or“(B) is on a list of officers recommended for promotion to a temporary grade below lieutenant general that is the same as or higher than his reserve grade;shall be considered to have been recommended by a board convened under section 611(a) of title 10, United States Code, as added by this Act, for promotion to the reserve grade equivalent to the grade in which he is serving or for which he has been recommended for promotion, as the case may be.“(2) Notwithstanding section 741(d) of title 10, United States Code, as added by this Act, the date of rank of an officer referred to in paragraph (1)(A) who is promoted to the grade to which he is considered under such paragraph to have been recommended for promotion is the date of his temporary appointment in that grade.“(b) A reserve officer of the Army or Air Force who on the effective date of this Act [Sept. 15, 1981]—“(1) is subject to placement on the active-duty list of his armed force;“(2) is serving on active duty in a temporary grade; and“(3) either holds a reserve grade higher than the temporary grade in which he is serving or is on a list of officers recommended for promotion to a reserve grade higher than the temporary grade in which he is serving,shall while continuing on active duty retain such temporary grade and shall be considered for promotion under chapter 36 of title 10, United States Code, as added by this Act, to a grade equal to or lower than his reserve grade as if such temporary grade is a permanent grade. If such officer is recommended for promotion under such chapter to such a grade, his appointment to such grade shall be a temporary appointment.“(c)(1) Any delay of a promotion of an officer referred to in clause (B) of subsection (a)(1) that was in effect on September 14, 1981, under the laws and regulations in effect on such date shall continue in effect on and after September 15, 1981, as if such promotion has been delayed under section 624(d) of title 10, United States Code, as added by this Act.“(2) Any action to remove from a promotion list the name of an officer referred to in clause (B) of subsection (a)(1) that was initiated before September 15, 1981, under the laws and regulations in effect before such date shall continue on and after such date as if such removal action had been initiated under section 629 of title 10, United States Code, as added by this Act.

Notes of Decisions

Cited in 3 cases, 1942–1946 · leading case: United States Ex Rel. Flannery v. Commanding Gen., 69 F. Supp. 661 (S.D.N.Y. 1946).

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United States Ex Rel. Flannery v. Commanding Gen., 69 F. Supp. 661 (S.D.N.Y. 1946). “10 U.S.C.A. §§ 602— 658.- We can find no statute which says that he is or which makes him subject to recall.”

United States v. 16,572 Acres of Land, 45 F. Supp. 23 (S.D. Tex. 1942). “667 - 76th Congress [ 10 U.S.C.A. § 602 note]), which appropriated funds for the acquisition of such land, and the Act of Congress approved February 26, 1931 ( 46 Stat.”

United States ex rel. Lynn v. Downer, 140 F.2d 397 (2d Cir. 1944). “And the same Congress which enacted the Selective Training and Service Act in September 1940 had passed in July of that year section 2(b) of the National Defense Act, 10 U.S.C.A. §§ 602 note, 621a, which is printed in the margin.”

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