US (United States) Code. Title 10. Subtitle D: Air Force. Chapter 835: Appointments in the regular Air Force

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Armed Forces. Personnel

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-CITE-

10 USC CHAPTER 835 - APPOINTMENTS IN THE REGULAR AIR

FORCE 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 835 - APPOINTMENTS IN THE REGULAR AIR FORCE

.

-HEAD-

CHAPTER 835 - APPOINTMENTS IN THE REGULAR AIR FORCE

-MISC1-

Sec.

8281. Commissioned officer grades.

(8284 to 8309. Repealed.)

8310. Warrant officers: original appointment; qualifications.

(8312 to 8314. Repealed.)

AMENDMENTS

1980 - Pub. L. 96-513, title V, Sec. 504(10), Dec. 12, 1980, 94

Stat. 2916, struck out items 8284 ''Commissioned officers:

appointment, how made'', 8285 ''Commissioned officers: original

appointment; qualifications'', 8286 ''Commissioned officers:

original appointment; age limitations'', 8287 ''Commissioned

officers: original appointment; service credit'', 8288

''Commissioned officers: original appointment; determination of

grade'', 8289 ''Commissioned officers: medical officers; original

appointment; professional examination'', 8293 ''Commissioned

officers; chaplains: original appointment; examination'', 8294

''Commissioned officers: medical and dental officers: original

appointment'', 8295 ''Commissioned officers: original appointment;

determination of place on promotion list'', 8296 ''Promotion lists:

promotion-list officer defined; determination of place upon

transfer or promotion'', 8297 ''Selection boards'', 8298

''Commissioned officers: promotion to first lieutenant; effect of

failure of promotion'', 8299 ''Commissioned officers: promotion to

captain, major, or lieutenant colonel'', 8300 ''Commissioned

officers: promotion to captain, major, or lieutenant colonel;

selection board procedure'', 8301 ''Commissioned officers:

promotion to captain, major, or lieutenant colonel; officers with

special qualifications'', 8302 ''Commissioned officers: medical,

dental, and veterinary officers: promotion to captain, major, or

lieutenant colonel; professional examination'', 8303 ''Commissioned

officers: effect of failure of promotion to captain, major, or

lieutenant colonel'', 8305 ''Commissioned officers: promotion to

colonel'', 8306 ''Commissioned officers: promotion to brigadier

general'', 8307 ''Commissioned officers: promotion to major

general'', 8308 ''Commissioned officers: effect of removal from

recommended list by President or failure of confirmation by

Senate'', 8309 ''Commissioned officers: physical examination for

promotion'', 8312 ''Officers: acceptance of promotion'', 8313

''Suspension of laws for promotion or mandatory retirement or

separation during war or emergency'', and 8314 ''Commissioned

officers: promotion not be to delayed by another appointment''.

1958 - Pub. L. 85-861, Sec. 1(177)(B), 33(a)(38), Sept. 2, 1958,

72 Stat. 1520, 1566, substituted ''officers'' for ''Officers'' in

item 8309, and added item 8314.

1957 - Pub. L. 85-155, title III, Sec. 301(15), Aug. 21, 1957, 71

Stat. 388, struck out items 8291 ''Commissioned officers; Air Force

nurses and women medical specialists: original appointment;

additional qualifications, grade'' and 8304 ''Commissioned

officers; Air Force nurses and women medical specialists: promotion

to first lieutenant, captain, major, lieutenant colonel, or

colonel''.

-CITE-

10 USC Sec. 8281 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 835 - APPOINTMENTS IN THE REGULAR AIR FORCE

-HEAD-

Sec. 8281. Commissioned officer grades

-STATUTE-

The commissioned grades in the Regular Air Force are:

(1) Major general.

(2) Brigadier general.

(3) Colonel.

(4) Lieutenant colonel.

(5) Major.

(6) Captain.

(7) First lieutenant.

(8) Second lieutenant.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 507.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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8281 10:506(a) (last 24 Aug. 7, 1947, ch.

words). 512, Sec. 502(a)

(last 24 words), 61

Stat. 884.

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10 USC Sec. 8284 to 8289 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 835 - APPOINTMENTS IN THE REGULAR AIR FORCE

-HEAD-

(Sec. 8284 to 8289. Repealed. Pub. L. 96-513, title II, Sec. 204,

Dec. 12, 1980, 94 Stat. 2880)

-MISC1-

Section 8284, act Aug. 10, 1956, ch. 1041, 70A Stat. 507,

provided that appointments in commissioned grades in Regular Air

Force be made by President, by and with advice and consent of

Senate. See section 531 of this title.

Section 8285, acts Aug. 10, 1956, ch. 1041, 70A Stat. 507; Aug.

21, 1957, Pub. L. 85-155, title III, Sec. 301(4), 71 Stat. 386;

Sept. 2, 1958, Pub. L. 85-861, Sec. 1(167), 72 Stat. 1516,

prescribed eligibility requirements for original appointment in a

commissioned grade in Regular Air Force, except designation as a

medical or dental officer and except a graduating cadet. See

section 532 of this title.

Section 8286, acts Aug. 10, 1956, ch. 1041, 70A Stat. 507; Aug.

21, 1957, Pub. L. 85-155, title III, Sec. 301(5), 71 Stat. 386;

Sept. 2, 1958, Pub. L. 85-861, Sec. 1(168), 72 Stat. 1517,

prescribed age limitations for original appointment in a

commissioned grade in Regular Air Force, except designation as a

medical or dental officer or as an Air Force nurse or medical

specialist. See section 532 of this title.

Section 8287, acts Aug. 10, 1956, ch. 1041, 70A Stat. 508; Aug.

21, 1957, Pub. L. 85-155, title III, Sec. 301(6), 71 Stat. 386;

Sept. 2, 1958, Pub. L. 85-861, Sec. 1(169), 72 Stat. 1517; Sept.

30, 1966, Pub. L. 89-609, Sec. 1(28), 80 Stat. 854, provided

service credit for a person originally appointed in a commissioned

grade in Regular Air Force, other than a person appointed as a

medical or dental officer, for purpose of determining grade,

position on a promotion list, seniority in his grade in Regular Air

Force, and eligibility for promotion, with appointment and service

credit restrictions on persons who were cadets at the United States

Air Force, Military, or Naval Academies but were not graduated, and

a disallowance of service credit under this section for persons who

graduated from one of these Academies. See section 533 of this

title.

Section 8288, acts Aug. 10, 1956, ch. 1041, 70A Stat. 508; Aug.

2, 1957, Pub. L. 85-155, title III, Sec. 301(7), 71 Stat. 387;

Sept. 2, 1958, Pub. L. 85-861, Sec. 1(170), 72 Stat. 1518, provided

for determination of grade of a person originally appointed as a

commissioned officer in Regular Air Force, other than persons

appointed as medical or dental officers. See section 533 of this

title.

Section 8289, act Aug. 10, 1956, ch. 1041, 70A Stat. 509,

provided that no person be originally appointed as a first

lieutenant in Regular Air Force with a view to designation as a

medical officer until he passes an examination of his professional

fitness before an examining board composed of at least three

medical officers designated by Secretary of Air Force. See section

532 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

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10 USC Sec. 8291 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 835 - APPOINTMENTS IN THE REGULAR AIR FORCE

-HEAD-

(Sec. 8291. Repealed. Pub. L. 85-155, title IV, Sec. 401(1), Aug.

21, 1957, 71 Stat. 390)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 509, related to

original appointments in Regular Air Force of nurses or woman

medical specialists, and prescribed qualifications for appointment

as a nurse.

-CITE-

10 USC Sec. 8293 to 8303 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 835 - APPOINTMENTS IN THE REGULAR AIR FORCE

-HEAD-

(Sec. 8293 to 8303. Repealed. Pub. L. 96-513, title II, Sec. 204,

Dec. 12, 1980, 94 Stat. 2880)

-MISC1-

Section 8293, act Aug. 10, 1956, ch. 1041, 70A Stat. 509,

provided that no person in civil life be originally appointed as a

chaplain in Regular Air Force unless he has passed an examination

prescribed by President as to his moral, mental, and physical

qualifications. See section 532 of this title.

Section 8294, acts Aug. 10, 1956, ch. 1041, 70A Stat. 509; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(173), 72 Stat. 1518, provided that

original appointments in Regular Air Force be made in grades of

first lieutenant through colonel for medical and dental officers as

Air Force requires, from qualified doctors of medicine, osteopathy,

or dentistry who are citizens of the United States and have such

other qualifications as Secretary of Air Force prescribes, with

specific additional eligibility requirements for a doctor of

osteopathy, and that officers so appointed receive service credit

for determining grade, position on a promotion list, seniority in

grade in Regular Air Force, and eligibility for promotion. See

section 532 of this title.

Section 8295, acts Aug. 10, 1956, ch. 1041, 70A Stat. 510; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(174), 72 Stat. 1519, provided for

determination of place on a promotion list of the name of each

person who is originally appointed in a commissioned grade in

Regular Air Force and whose name is carried on a promotion list,

other than persons appointed as medical or dental officers or as an

Air Force nurse or medical specialist. See section 624 of this

title.

Section 8296, acts Aug. 10, 1956, ch. 1041, 70A Stat. 510; Aug.

6, 1958, Pub. L. 85-600, Sec. 1(16), 72 Stat. 523; Sept. 2, 1958,

Pub. L. 85-861, Sec. 1(156), (175), 72 Stat. 1513, 1519, provided

for promotion lists in Regular Air Force for all commissioned

officers in grades below brigadier general on active list, with

exceptions, which officers are known as ''promotion-list

officers'', a separate list for chaplains, judge advocates, medical

officers, dental officers, veterinary officers, medical service

officers, Air Force nurses, Air Force medical specialists, and any

category established by Secretary of Air Force under section

8067(i) of this title, and determination of place on list upon

transfer or promotion. See section 624 of this title.

Section 8297, acts Aug. 10, 1956, ch. 1041, 70A Stat. 510; Aug.

21, 1957, Pub. L. 85-155, title III, Sec. 301(8), 71 Stat. 387;

July 12, 1960, Pub. L. 86-616, Sec. 6(1), 74 Stat. 391, provided

for selection boards to recommend promotion-list officers and

brigadier generals of Regular Air Force for promotion in Regular

Air Force. See section 611 et seq. of this title.

Section 8298, acts Aug. 10, 1956, ch. 1041, 70A Stat. 511; Aug.

21, 1957, Pub. L. 85-155, title III, Sec. 301(9), title IV, Sec.

401(1), 71 Stat. 387, 390, provided for promotion from grade of

second lieutenant to first lieutenant after three years of service,

discharge under section 8814 of this title upon failure of

promotion, and filling vacancies for first lieutenants with second

lieutenants, except Air Force nurses and medical specialists, prior

to completion of three years of service. See section 630 of this

title.

Section 8299, acts Aug. 10, 1956, ch. 1041, 70A Stat. 511; Aug.

21, 1957, Pub. L. 85-155, title III, Sec. 301(10), title IV, Sec.

401(1), 71 Stat. 387, 390; Sept. 2, 1958, Pub. L. 85-861, Sec.

33(a)(21), 72 Stat. 1565; Sept. 30, 1966, Pub. L. 89-609, Sec.

1(29), 80 Stat. 854; Nov. 8, 1967, Pub. L. 90-130, Sec. 1(27)(A),

81 Stat. 382, provided that promotion-list officers be promoted to

regular grades of captain, major, and lieutenant colonel, after

specified length of service or without regard to length of service

in view of actual or anticipated vacancies if Secretary of Air

Force so directs, or be eliminated from active list under section

8303 of this title and a promotion-list officer who has twice been

considered and not recommended for promotion to any one regular

grade not be again considered for promotion under this section.

See sections 631 and 632 of this title.

Section 8300, acts Aug. 10, 1956, ch. 1041, 70A Stat. 513; Aug.

21, 1957, Pub. L. 85-155, title III, Sec. 301(11), 71 Stat. 388;

July 12, 1960, Pub. L. 86-616, Sec. 6(2), 74 Stat. 391; Nov. 8,

1967, Pub. L. 90-130, Sec. 1(27)(B), 81 Stat. 382, provided for

selection board procedure when promotion-list officers in regular

grade of first lieutenant, captain, or major are to be considered

for promotion under section 8299 of this title. See section 611 et

seq. of this title.

Section 8301, acts Aug. 10, 1956, ch. 1041, 70A Stat. 513; Aug.

21, 1957, Pub. L. 85-155, title III, Sec. 301(12), 71 Stat. 388;

Nov. 8, 1967, Pub. L. 90-130, Sec. 1(27)(C), 81 Stat. 382, provided

for, in addition to method prescribed in section 8300 of this

title, promotion to captain, major, or lieutenant colonel of

officers with special qualifications, whenever there are vacancies

on Air Force promotion list in regular grade of captain, major, or

lieutenant colonel and Secretary of Air Force considers that there

are or will be too few officers in any of those grades with special

qualifications.

Section 8302, act Aug. 10, 1956, ch. 1041, 70A Stat. 513, related

to promotion to captain, major, or lieutenant colonel of

commissioned medical, dental, or veterinary officers in Regular Air

Force upon examination of professional fitness and effect upon

failure of promotion. See sections 631 and 632 of this title.

Section 8303, acts Aug. 10, 1956, ch. 1041, 70A Stat. 514; Aug.

21, 1957, Pub. L. 85-155, title III, Sec. 301(13), 71 Stat. 388;

July 12, 1960, Pub. L. 86-616, Sec. 6(3), 74 Stat. 391; June 28,

1962, Pub. L. 87-509, Sec. 4(a), 76 Stat. 121; Nov. 8, 1967, Pub.

L. 90-130, Sec. 1(27)(D), 81 Stat. 382, related to effect of

failure of a promotion-list officer considered for promotion to

grade of captain, major, or lieutenant colonel under section 8299

of this title to be recommended for promotion, which officer was to

be know as a ''deferred officer''. See sections 631 and 632 of

this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 8304 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 835 - APPOINTMENTS IN THE REGULAR AIR FORCE

-HEAD-

(Sec. 8304. Repealed. Pub. L. 85-155, title IV, Sec. 401(1), Aug.

21, 1957, 71 Stat. 390)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 515, related to

promotion of Air Force nurses or women medical specialists to

grades of first lieutenant, captain, major, lieutenant colonel, or

colonel.

-CITE-

10 USC Sec. 8305 to 8309 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 835 - APPOINTMENTS IN THE REGULAR AIR FORCE

-HEAD-

(Sec. 8305 to 8309. Repealed. Pub. L. 96-513, title II, Sec. 204,

Dec. 12, 1980, 94 Stat. 2880)

-MISC1-

Section 8305, acts Aug. 10, 1956, ch. 1041, 70A Stat. 516; Aug.

21, 1957, Pub. L. 85-155, title III, Sec. 301(14), 71 Stat. 388;

Nov. 8, 1967, Pub. L. 90-130, Sec. 1(27)(E), 81 Stat. 382, related

to promotion of officers in regular grade of lieutenant colonel to

grade of colonel. See section 619 et seq. of this title.

Section 8306, act Aug. 10, 1956, ch. 1041, 70A Stat. 516, related

to promotion of officers in regular grade of colonel to grade of

brigadier general. See section 619 et seq. of this title.

Section 8307, act Aug. 10, 1956, ch. 1041, 70A Stat. 517, related

to promotion of officers in regular grade of brigadier general to

grade of major general. See section 619 et seq. of this title.

Section 8308, act Aug. 10, 1956, ch. 1041, 70A Stat. 518, related

to effect of removal from recommended list by President of name of

any promotion-list officer or brigadier general of Regular Air

Force who in President's opinion is not qualified for promotion or

who is not confirmed by Senate. See section 629 of this title.

Section 8309, act Aug. 10, 1956, ch. 1041, 70A Stat. 518,

provided that President prescribe a system of physical examination

for all commissioned officers of Regular Air Force in grades below

brigadier general to determine their fitness for promotion in

Regular Air Force. See section 624 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 8310 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 835 - APPOINTMENTS IN THE REGULAR AIR FORCE

-HEAD-

Sec. 8310. Warrant officers: original appointment; qualifications

-STATUTE-

Original appointments as warrant officers in the Regular Air

Force shall be made from persons who have served on active duty at

least one year in the Air Force.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 518.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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8310 10:591. (Uncodified: June 3, 1916, ch.

June 3, 1916, ch. 134, Sec. 4a (less

134, Sec. 4a (less 3d and last

3d and last sentences); added

sentences); added June 4, 1920. ch.

June 4, 1920, ch. 227, subch. I, Sec.

227, subch. I, Sec. 4 (3d par., less 3d

4 (3d par., less 3d and last

and last sentences), 41

sentences), 41 Stat. 761.) Aug.

Stat. 761). 21, 1941, ch. 384,

Sec. 2; restated

May 29, 1954, ch.

249, Sec. 19(c), 68

Stat. 166.

-------------------------------

The first sentence of section 4a of the act of June 3, 1916,

cited above, is omitted as superseded by section 8213 of this

title. The second sentence, less first nine words, of section 4a

of that act, is omitted as superseded by 10:591.

-CITE-

10 USC Sec. 8312 to 8314 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 835 - APPOINTMENTS IN THE REGULAR AIR FORCE

-HEAD-

(Sec. 8312 to 8314. Repealed. Pub. L. 96-513, title II, Sec. 204,

Dec. 12, 1980, 94 Stat. 2880)

-MISC1-

Section 8312, act Aug. 10, 1956, ch. 1041, 70A Stat. 519,

provided that an officer who is promoted in Regular Air Force is

considered to have accepted his promotion on date of order

announcing it, unless he expressly declines it, without need to

take the oath of office upon promotion if his service since last

taking it has been continuous. See section 626 of this title.

Section 8313, act Aug. 10, 1956, ch. 1041, 70A Stat. 519,

provided that in time of war or national emergency declared by

Congress or President, the President may suspend operation of any

provision of law relating to promotion, mandatory retirement, or

separation of commissioned officers of Regular Air Force. See

section 123(a), (b) of this title.

Section 8314, added Pub. L. 85-861, Sec. 1(177)(A), Sept. 2,

1958, 72 Stat. 1519, provided that promotion to a higher grade of a

commissioned officer of Regular Air Force who is on a

recommendation list awaiting promotion not be withheld or delayed

because of original appointment of any other person to a

commissioned grade in Regular Air Force and that this section does

not apply to appointments as medical or dental officers or Air

Force nurses or medical specialists. See section 624 of this

title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-