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10 USC CHAPTER 839 - TEMPORARY APPOINTMENTS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 839 - TEMPORARY APPOINTMENTS

.

-HEAD-

CHAPTER 839 - TEMPORARY APPOINTMENTS

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Sec.

(8441 to 8445. Repealed.)

8446. Retention on active duty.

(8447 to 8452. Repealed.)

AMENDMENTS

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

Stat. 2917, struck out items 8441 ''General rule'', 8442

''Commissioned officers; regular and reserve components:

appointment in higher grade'', 8444 ''Commissioned officers: during

war or emergency'', 8445 ''Officers: additional appointments during

war or emergency'', 8447 ''Appointments in commissioned grade: how

made; how terminated'', 8448 ''Warrant officers: grades;

appointment'', 8449 ''Warrant officers: promotion'', 8451

''Officers: acceptance of appointment in higher grade'', and 8452

''Medical and dental officers: temporary promotion to captain''.

1968 - Pub. L. 90-235, Sec. 3(b)(6), Jan. 2, 1968, 81 Stat. 758,

struck out item 8450 ''Warrant officers: suspension of laws for

promotion or mandatory retirement or separation during war or

emergency''.

1958 - Pub. L. 85-861, Sec. 1(180)(F), (G), Sept. 2, 1958, 72

Stat. 1532, struck out item 8443 ''Commissioned officers; Reserves;

appointment in higher or lower grade'', and added item 8452.

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10 USC Sec. 8441, 8442 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 839 - TEMPORARY APPOINTMENTS

-HEAD-

(Sec. 8441, 8442. Repealed. Pub. L. 96-513, title II, Sec. 207,

Dec. 12, 1980, 94 Stat. 2884)

-MISC1-

Section 8441, act Aug. 10, 1956, ch. 1041, 70A Stat. 521,

provided that temporary appointments be made only in the Air Force

without specification of component.

Section 8442, act Aug. 10, 1956, ch. 1041, 70A Stat. 521,

provided that a regular commissioned officer, or a reserve

commissioned officer who is serving on active duty, may be

appointed, based upon ability and efficiency with regard being

given to seniority and age, in a temporary grade that is equal to

or higher than his regular or reserve grade, without vacating any

other grade held by him. See section 601 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. 8443 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 839 - TEMPORARY APPOINTMENTS

-HEAD-

(Sec. 8443. Repealed. Pub. L. 85-861, Sec. 36B(25), Sept. 2, 1958,

72 Stat. 1571)

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Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 522, related to

grade of reserve commissioned officers ordered to active duty or

serving on active duty.

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10 USC Sec. 8444, 8445 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 839 - TEMPORARY APPOINTMENTS

-HEAD-

(Sec. 8444, 8445. Repealed. Pub. L. 96-513, title II, Sec. 207,

Dec. 12, 1980, 94 Stat. 2884)

-MISC1-

Section 8444, acts Aug. 10, 1956, ch. 1041, 70A Stat. 522; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(180)(A), 72 Stat. 1532, authorized

President, in time of war or national emergency, to appoint any

qualified person, including a person who is not a Regular or

Reserve, in any temporary grade, provided for vacation of the

appointment, and permitted, for purposes of determining grade,

position on a promotion list, seniority in temporary grade, and

eligibility for promotion, a medical or dental officer of the Air

Force who is appointed in a temporary grade to be credited, when he

enters active duty, with the constructive service authorized by

section 8294(b) of this title. See section 603 of this title.

Section 8445, acts Aug. 10, 1956, ch. 1041, 70A Stat. 522; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(180)(B), 72 Stat. 1532, provided

that in addition to temporary appointments authorized, in time of

war or national emergency, a regular officer or a reserve warrant

officer may be appointed in any temporary grade higher than his

regular or reserve grade, without vacating that grade, or a person

who holds no commissioned grade in Regular Air Force be appointed

in any temporary commissioned grade. See section 603 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. 8446 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 839 - TEMPORARY APPOINTMENTS

-HEAD-

Sec. 8446. Retention on active duty

-STATUTE-

The President may retain on active duty a disabled officer until

-

(1) the physical condition of the officer is such that the

officer will not be further benefited by retention in a military

hospital or a medical facility of the Department of Veterans

Affairs; or

(2) the officer is processed for physical disability benefits

provided by law.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 522; Pub. L. 85-861, Sec.

1(180)(C), Sept. 2, 1958, 72 Stat. 1532; Pub. L. 101-189, div. A,

title XVI, Sec. 1621(a)(10), Nov. 29, 1989, 103 Stat. 1603; Pub. L.

102-25, title VII, Sec. 701(j)(6), Apr. 6, 1991, 105 Stat. 116.)

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Historical and Revision Notes

1956 Act

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

Large)

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8446 10:499. June 19, 1948, ch.

511, 62 Stat. 489.

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

The word ''Shall'' is substituted for the words ''authorized and

directed''. The words ''on active duty'' are substituted for the

words ''in service''. The words ''warrant officers, and flight

officers'' are omitted, since the definition of ''officer'' in

section 101(14) of this title covers commissioned, warrant, and

flight officers. The words ''who has only a temporary

appointment'' are substituted for the words ''of the Air Force * *

* of the United States''. The words ''his physical condition is

such that he'' are substituted for the words ''their treatment for

physical reconstruction has reached a point where they''. The

words ''in the Air Force'' are substituted for the words ''in the

military service''.

1958 Act

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

Large)

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8446 10 App.:499. June 15, 1956, ch.

388, 70 Stat. 282.

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

The words ''commissioned officers and warrant'' are omitted as

covered by the definition of the word ''officer'' in section

101(14) of this title. The words ''condition is such that'' are

substituted for the words ''reconstruction has reached a point

where''.

AMENDMENTS

1991 - Par. (2). Pub. L. 102-25 struck out ''as'' before

''provided by law''.

1989 - Pub. L. 101-189 amended section generally. Prior to

amendment, section read as follows: ''Notwithstanding any other

provision of law, the President may retain on active duty any

disabled officer until his physical condition is such that he will

not be further benefited by retention in a military or Veterans'

Administration hospital or until he is processed for physical

disability benefits provided by law.''

1958 - Pub. L. 85-861 substituted ''may retain on active duty any

disabled officer'' for ''shall retain on active duty any disabled

officer who has only a temporary appointment'', and ''military or

Veterans' Administration hospital or until he is processed for

physical disability benefits provided by law'', for ''military

hospital or in the Army''.

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10 USC Sec. 8447 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 839 - TEMPORARY APPOINTMENTS

-HEAD-

(Sec. 8447. Repealed. Pub. L. 96-513, title II, Sec. 207, Dec. 12,

1980, 94 Stat. 2884)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 523; Sept. 2,

1958, Pub. L. 85-861, Sec. 1(180)(D), 72 Stat. 1532; Sept. 28,

1971, Pub. L. 92-129, title VI, Sec. 604, 85 Stat. 362, provided

that temporary appointment of a person be made without reference to

any other appointment that he may hold in the Air Force, temporary

appointments of commissioned officers in the Regular Air Force be

made by the President alone in grades below lieutenant colonel and

by the President, by and with the consent of the Senate, in grades

of lieutenant colonel and above, temporary appointments of

commissioned officers in the reserve components of the Air Force be

made by the President alone in grades below lieutenant colonel and

by the President, by and with the consent of the Senate, in grades

above major, and that the President may vacate at any time a

temporary appointment in a commissioned grade. See section 601 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. 8448, 8449 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 839 - TEMPORARY APPOINTMENTS

-HEAD-

(Sec. 8448, 8449. Repealed. Pub. L. 96-513, title II, Sec. 208,

Dec. 12, 1980, 94 Stat. 2884)

-MISC1-

Section 8448, acts Aug. 10, 1956, ch. 1041, 70A Stat. 523; Aug.

8, 1958, Pub. L. 85-603, Sec. 1(4), 72 Stat. 526; Sept. 2, 1958,

Pub. L. 85-861, Sec. 33(a)(39), 72 Stat. 1566, authorized Secretary

of the Air Force, upon his determination of need, to appoint

qualified persons as warrant officers, with such appointments to

continue at pleasure of Secretary, and such warrant officers

entitled to count all periods of active duty under appointment as

warrant or enlisted service for all purposes and to benefits of all

laws and regulations applicable to retirement, pensions, and

disability of members of Air Force on active duty. See section 602

of this title.

Section 8449, act Aug. 10, 1956, ch. 1041, 70A Stat. 523,

provided that temporary promotions in warrant officer grades be

governed by such regulations as the Secretary of the Air Force

prescribe. See section 602 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. 8450 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 839 - TEMPORARY APPOINTMENTS

-HEAD-

(Sec. 8450. Repealed. Pub. L. 90-235, Sec. 3(b)(1), Jan. 2, 1968,

81 Stat. 758)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 523, provided for

suspension of laws for promotion or mandatory retirement or

separation during war or emergency of temporary warrant officers of

Air Force.

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10 USC Sec. 8451, 8452 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 839 - TEMPORARY APPOINTMENTS

-HEAD-

(Sec. 8451, 8452. Repealed. Pub. L. 96-513, title II, Sec. 207,

Dec. 12, 1980, 94 Stat. 2884)

-MISC1-

Section 8451, act Aug. 10, 1956, ch. 1041, 70A Stat. 524,

provided that an officer who is promoted to a temporary grade is

considered to have accepted his promotion on date of order

announcing it, unless he expressly declines promotion.

Section 8452, added Pub. L. 85-861, Sec. 1(180)(E), Sept. 2,

1958, 72 Stat. 1532, provided that, notwithstanding any other

provision of law, a medical or dental officer may be promoted to

temporary grade of captain at any time after first anniversary of

date upon which he graduated from a medical, osteopathic, or dental

school.

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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