Pub. L. 83-773, tit. V, sec. 517

Sec. 517. (a) Based upon the number of actual and anticipated vacancies in the grades of major general or brigadier general, as the case may be, in the Air Force Reserve the Secretary shall furnish to a selection board names of officers of the Air Force Reserve in the grade of brigadier general or colonel, respectively, to be considered for promotion under this title and shall direct the board to recom- 68 Stat. 1178 mend a number prescribed by him for promotion to the grade concerned. Each list furnished shall include— (1) the name of the senior officer in the grade of brigadier general or colonel whose name is not on a recommended list for promotion; and (2) the names of such additional officers as the Secretary may prescribe, in the order of their seniority. To insure that the Air Force Reserve will have an adequate number of general officers with experience qualifying them for active service, the Secretary may direct that a specified number of the officers to be recommended for promotion to that grade have experience qualifying them for active service in specified positions, specialties or categories. The selection board shall recommend for promotion to the grade concerned the prescribed number, including any prescribed number with special qualifying experience. The officers recommended shall be those who in the opinion of the board are the best qualified of the officers named for consideration. (b) An officer recommended for promotion under this section may be promoted only to fill a vacancy in the next higher grade. (c) When a Reserve officer who is appointed to the grade of major general or brigadier general to fill a vacancy under this section, or any other provision of law, ceases to occupy that position, he shall, within thirty days thereafter, unless assigned to fill a comparable position of the same or higher grade, as may be determined by the Secretary— (1) be transferred in grade to the inactive status list if qualified, or if qualified and if he applies therefor, to the Retired Reserve; (2) be discharged and, if qualified and upon his application, be appointed a Reserve officer in the grade held by him as a Reserve officer before his appointment in a general officer grade, and be credited with the amount of promotion service in the grade in which appointed equal to the amount of promotion service with which he has been credited in that grade and in any higher grade; or (3) be discharged, if not transferred under clause (1) of this subsection, or appointed under clause (2) of this subsection.