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50 U.S.C. § 1191 to 1202 — Repealed. Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1569

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1191 to 1202 — Repealed. Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1569

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Stable record: federal_law:legal_authorities:record_usc_60dc2523e3ffcada14b1c235
Source file: Laws/federal/codes/united-states-code/title-50/section-1191-to-1202-50-u-s-c-1191-to-1202-repealed-pub-l-85861-36a-sept-2-1958-72-stat-1569--63c66d8405.md
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Source location: Title 50, Chapter 27, § 1191 to 1202; chapter-027-reserve-officer-personnel-program.md

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### Statutory Notes Section 1191, acts Sept. 3, 1954, ch. 1257, title II, § 201, 68 Stat. 1150; June 30, 1955, ch. 247, § 1(a), 69 Stat. 218, related to constructive service credit on initial appointment. See [section 12207 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12207&num=0&edition=prelim), Armed Forces, and [section 3738 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3738&num=0&edition=prelim), Coast Guard. Section 1192, act Sept. 3, 1954, ch. 1257, title II, § 202, 68 Stat. 1150, related to eligibility for promotion and to standards and qualifications for active status. See sections 12642 and 14301 et seq. of Title 10, Armed Forces, and [section 3743 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3743&num=0&edition=prelim), Coast Guard. Section 1193, act Sept. 3, 1954, ch. 1257, title II, § 203, 68 Stat. 1150, related to appointment, composition, duration of service, quorum, and oath of service of selection boards, and to communications by officers eligible for promotion. See section 14101 et seq. of Title 10, Armed Forces, and [section 3741 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3741&num=0&edition=prelim), Coast Guard. Section 1194, act Sept. 3, 1954, ch. 1257, title II, § 204, 68 Stat. 1151, authorized retention of officers with incomplete reserve service. See [section 12645 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12645&num=0&edition=prelim), Armed Forces. Section 1195, acts Sept. 3, 1954, ch. 1257, title II, § 205, 68 Stat. 1151; June 30, 1955, ch. 247, § 1(b), 69 Stat. 218, related to retention of officers with eighteen or more years of service. See [section 12646 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12646&num=0&edition=prelim). Section 1196, act Sept. 3, 1954, ch. 1257, title II, § 206, 68 Stat. 1152, provided for advancement in grade on retirement or transfer to Retired Reserve. See sections 12771 to 12773 of Title 10. Section 1197, act Sept. 3, 1954, ch. 1257, title II, § 207, 68 Stat. 1152, related to grade on entry upon active duty. See [section 12320 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12320&num=0&edition=prelim), Armed Forces, and [section 3756 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3756&num=0&edition=prelim), Coast Guard. Section 1198, act Sept. 3, 1954, ch. 1257, title II, § 208, 68 Stat. 1152, provided for recommendation for promotion of officer previously removed from active status. See [section 14317 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14317&num=0&edition=prelim), Armed Forces, and [section 3744 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3744&num=0&edition=prelim), Coast Guard. Section 1199, act Sept. 3, 1954, ch. 1257, title II, § 209, 68 Stat. 1152, authorized the President to suspend provisions of Reserve Officer Personnel Act of 1954 in time of war or national emergency. See [section 123 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section123&num=0&edition=prelim), Armed Forces, [section 3733 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3733&num=0&edition=prelim), Coast Guard, and [section 111 of Title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section111&num=0&edition=prelim), National Guard. Section 1200, act Sept. 3, 1954, ch. 1257, title II, § 210, 68 Stat. 1152, provided that there shall be no requirement for sea or foreign service for promotion of Reserve officers. Section 1201, act Sept. 3, 1954, ch. 1257, title II, § 211, 68 Stat. 1153, related to grades of Reserve officers. See [section 12202 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12202&num=0&edition=prelim), Armed Forces. Section 1202, act Sept. 3, 1954, ch. 1257, title II, § 212, 68 Stat. 1153, related to active status of officers assigned to Selective Service System. See [section 12647 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12647&num=0&edition=prelim), Armed Forces.

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 111 — Suspension of certain provisions of this title

In time of war, or of emergency declared by Congress, the President may suspend the operation of any provision of sections 307(e), 309, 310, and 323(d) and (e) 11 See References in Text note below. of this title with respect to the Army National Guard or the Air National Guard.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12202 — Commissioned officer grades

Except for commissioned warrant officers, the reserve commissioned officer grades in each armed force are those authorized for regular commissioned officers of that armed force.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 123 — Authority to suspend officer personnel laws during war or national emergency

**(a)** In time of war, or of national emergency declared by Congress or the President after November 30, 1980, the President may suspend the operation of any provision of law relating to the promotion, involuntary retirement, or separation of commissioned officers of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard Reserve. So long as such war or national emergency continues, any such suspension may be extended by the President. **(b)** Any such suspension shall, if not sooner ended, end on the last day of the two-year period beginning on the date on which the suspension (or the last extension thereof) takes effect or on the last day of the one-year period beginning on the date of the termination of the war or national emergency, whichever occurs first. With respect to the end of any such suspension, the preceding sentence supersedes the provisions of title II of the National Emergencies Act ([50 U.S.C. 1621–162](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1621–162&num=0&edition=prelim)2) which provide that powers or authorities exercised by reason of a national emergency shall cease to be exercised after the date of the termination of the emergency. **(c)** If a provision of law pertaining to the promotion of reserve officers is suspended under this section and if the Secretary of Defense submits to Congress proposed legislation to adjust the grades and dates of rank of reserve commissioned officers other than commissioned warrant officers, such proposed legislation shall, so far as practicable, be the same as that recommended for adjusting the grades and dates of rank of officers of the regular component of the armed force concerned. **(d)** Upon the termination of a suspension made under the authority of subsect

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 3743 — Eligibility for promotion

**(a) In General.—** Except as provided in subsection (b), a Reserve officer is eligible for consideration for promotion and for promotion under this subchapter if that officer is in an active status. **(b) Exception.—** A Reserve officer who has been considered but not recommended for retention in an active status by a board convened under subsection 3752(a) 11 So in original. Probably should be “section 3752(a)”. of this title is not eligible for consideration for promotion. **(c) Request for Exclusion.—** (1) **In general.—** — The Commandant may provide that an officer may, upon the officer’s request and with the approval of the Commandant, be excluded from consideration by a selection board convened under [section 3740(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3740/b&num=0&edition=prelim) to consider officers for promotion to the next higher grade. (2) **Approval of request.—** — The Commandant shall approve a request under paragraph (1) only if— (A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Coast Guard, a career progression requirement delayed by the assignment or education, or a qualifying personal or professional circumstance, as determined by the Commandant; (B) the Commandant determines the exclusion from consideration is in the best interest of the Coast Guard; and (C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12645 — Commissioned officers: retention until completion of required service

**(a)** Except as provided in subsection (b), a reserve commissioned officer who has not completed the period of service required of him by [section 651 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section651&num=0&edition=prelim) or any other provision of law may not be discharged or transferred from an active status under chapter 843, 1407, 1409, or 1411 of this title or chapter 21 11 See References in Text note below. of title 14. Unless, under regulations prescribed by the Secretary concerned, he is promoted to a higher reserve grade, he shall be retained in an active status in his reserve grade for the rest of his period of required service and shall be an additional number to the authorized strength of his grade. **(b)** Subsection (a) does not prevent the discharge or transfer from an active status of— (1) a commissioned warrant officer; (2) an officer on the active-duty list or a reserve active-status list who is found not qualified for promotion to the grade of first lieutenant, in the case of an officer of the Army, Air Force, or Marine Corps, or lieutenant (junior grade), in the case of an officer of the Navy; (3) an officer on the active-duty list or reserve active-status list who has failed of selection for promotion for the second time to the grade of captain, in the case of an officer of the Army, Air Force, or Marine Corps, or to the grade of lieutenant, in the case of an officer of the Navy; or (4) an officer whose discharge or transfer from an active status is required by law.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 14317 — Officers in transition to and from the active-status list or active-duty list

**(a) Effect of Transfer to Inactive Status or Retired Status.—** If a reserve officer on the reserve active-status list is transferred to an inactive status or to a retired status after having been recommended for promotion to a higher grade under this chapter or chapter 36 of this title, or after having been found qualified for Federal recognition in the higher grade under title 32, but before being promoted, the officer— (1) shall be treated as if the officer had not been considered and recommended for promotion by the selection board or examined and been found qualified for Federal recognition; and (2) may not be placed on a promotion list or promoted to the higher grade after returning to an active status, unless the officer is again recommended for promotion by a selection board convened under chapter 36 of this title or section 14101(a) or 14502 of this title or examined for Federal recognition under title 32. **(b) Effect of Placement on Active-Duty List.—** A reserve officer who is on a promotion list as a result of selection for promotion by a mandatory promotion board convened under section 14101(a) or a special selection board convened under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14502&num=0&edition=prelim) and who before being promoted is placed on the active-duty list of the same armed force and placed in the same competitive category shall, under regulations prescribed by the Secretary of Defense, be placed on an appropriate promotion list for officers on the active-duty list established under chapter 36 of this title. **(c) Officers on a Promotion List Removed From Active-Duty List.—** An officer who is on the active-duty list and is on a promotion list as the result of selection for

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12646 — Commissioned officers: retention of after completing 18 or more, but less than 20, years of service

**(a)** If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 18, but less than 19, years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim), he may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title or chapter 21 11 See References in Text note below. of title 14, without his consent before the earlier of the following dates— (1) the date on which he is entitled to be credited with 20 years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim); or (2) the third anniversary of the date on which he would otherwise be discharged or transferred from an active status. **(b)** If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 19, but less than 20, years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim), he may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title or chapter 21 1 of title 14, without his consent before the earlier of the following dates— (1) the date on which he is entitled to be credited with 20 years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim); or (2) the second anniversary of the date on which he would otherwise be dis

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12647 — Commissioned officers: retention in active status while assigned to Selective Service System or serving as United States property and fiscal officers

Notwithstanding chapters 843, 1407, and 1409 of this title, a reserve commissioned officer, other than a commissioned warrant officer, who is assigned to the Selective Service System or who is a property and fiscal officer appointed, designated, or detailed under [section 708 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section708&num=0&edition=prelim), may be retained in an active status in that assignment or position until he becomes 62 years of age.

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14 U.S.C. § 3733 — Suspension of this subchapter in time of war or national emergency

In time of war or national emergency declared by Congress, the President may suspend the operation of this subchapter or any part hereof. If this subchapter or any part hereof is suspended by the President, prior to placing the suspended provision in operation, the President shall by regulation, in so far as practicable, adjust the grades of Reserve officers in the same manner as adjustments in grade are made for Regular officers.

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 3756 — Grade on entry upon active duty

A Reserve officer ordered to active duty or active duty for training shall be ordered in the grade held; except that the Secretary may authorize a higher grade.

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