10 U.S.C. § 605

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 10 CasesGoogle Scholar

(a) A reserve officer of the Army or Air Force who on the effective date of this Act [Sept. 15, 1981]—“(1) is on active duty and subject to placement on the active-duty list of his armed force;“(2) holds the reserve grade of first lieutenant, captain, or major; and“(3) has been considered once but not selected for promotion to the next higher reserve grade under section 3366, 3367, 8366, or 8367 [see section 14301 et seq. of this title], as appropriate, of title 10, United States Code,shall, unless sooner promoted, be considered again for promotion to that grade by a selection board convened under section 3366, 3367, 8366, or 8367, as appropriate, of such title.“(b)(1) An officer described in subsection (a) who is serving on active duty in a temporary grade higher than his reserve grade on the effective date of this Act [Sept. 15, 1981] and who is recommended by the selection board which considers him pursuant to such subsection for promotion to the reserve grade equivalent to the temporary grade in which he is serving on such date shall be considered as having been recommended for promotion to that reserve grade in the report of a selection board convened under section 611(a) of title 10, United States Code, as added by this Act. 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 the preceding sentence who is promoted to the reserve grade equivalent to the temporary grade in which he is serving on such date is the date of his temporary appointment in that grade.“(2) An officer described in subsection (a) who is serving on active duty in a temporary grade equivalent to or lower than his reserve grade on the effective date of this Act [Sept. 15, 1981] and who is recommended by the selection board which considers him pursuant to such subsection for promotion to a reserve grade higher than the temporary grade in which he was serving on such date shall be considered as having been recommended for promotion to that reserve grade in the report of a selection board convened under section 3366, 3367, 8366, or 8367 [see section 14301 et seq. of this title], as appropriate, of such title. If such an officer is not ordered to active duty in his reserve grade, he 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 to such grade.“(3) An officer described in subsection (a) who is not recommended for promotion by the selection board which considers him pursuant to such subsection shall be governed by section 3846 or 8846, as appropriate, of title 10, United States Code, as a deferred officer.

Notes of Decisions

Cited in 1 case, 1989–1989 · leading case: Larry E. Blassingame v. Sec'y of the Navy, Naval Discharge Review Bd., & Bd. for the Corr. of Naval Records, 866 F.2d 556 (2d Cir. 1989).

Sort: Relevance Newest Treatment

Larry E. Blassingame v. Sec'y of the Navy, Naval Discharge Review Bd., & Bd. for the Corr. of Naval Records, 866 F.2d 556 (2d Cir. 1989). “See 10 U.S.C. § 605 (a) (1982). Thus, while Blassingame’s enlistment met the necessary statutory qualifications, it was technically defective under the internal rules of the Navy.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.