Pub. L. 83-773, tit. V, sec. 522

Sec. 522. (a) (1) A deferred officer— (A) shall lose precedence for promotion purposes to officers who were recommended by the selection board that considered but failed to recommend him; and (B) shall, if necessary, have his years or promotion service in grade and his total years of service reduced so that one year after the date on which he would have been appointed in the next higher grade as a Reserve officer, had he been recommended by or considered and recommended by the selection board, he will not be credited with more than four, seven, or seven years of promotion service in grade if he is in the grade of first lieutenant, captain, or major, respectively. (2) For the purpose of clause (1) (B) of this subsection, the date on which a deferred officer would have been appointed in the next higher grade is the earlier of the following dates: (A) The earliest date of appointment in the next higher grade of any officer who, before the loss of seniority by the deferred officer, was junior to him. (B) The date on which the deferred officer, had he not suffered a reduction in years of promotion service in grade would have completed four, seven, or seven years of promotion list service and seven, fourteen, or twenty-one total years of service, if in the grade of first lieutenant, captain, or major, respectively. (b) An officer who is deferred because he was not recommended for promotion by a selection board shall, unless sooner recommended for promotion under section 513 of this title or examined for Federal recognition in the next higher grade, again be considered for promotion by the next appropriate selection board convened to consider Reserve officers of his grade and category under section 510 of this title. (c) An officer who is deferred because he was found not qualified for Federal recognition shall, unless sooner recommended for promotion under section 513 of this title, or again examined for Federal recognition in the next higher grade, be considered for promotion by the next appropriate selection board convened under section 510 of this title, when the officer next junior to him is also considered, but not earlier than one year after the date on which he was found not qualified for Federal recognition. (d) (1) An officer who is deferred because he was not recommended for promotion by a selection board may, if appointed in, or promoted to, the next higher grade in the Air National Guard of a State, a Territory, or the District of Columbia, whichever is concerned, be examined for Federal recognition in the higher grade at any time before the date on which he must be considered for promotion by a selection board under subsection (b) of this section. (2) An officer who is deferred because he was found not qualified for Federal recognition in the next higher grade may be again examined for Federal recognition in the higher grade at any time before the date on which he must be considered for promotion under 68 Stat. 1181 subsection (c) of this section, but not earlier than one year after the date on which he was previously found not qualified for Federal recognition in the higher grade. (e) (1) A deferred officer who is considered for promotion by a selection board as provided by subsection (b) of this section, and who is not recommended for promotion by that selection board, may not thereafter be considered for promotion or examined for Federal recognition, and, except as prescribed by sections 204 and 205 of this Act, shall have his Federal recognition terminated if appropriate, and shall, if qualified and if he makes application therefor, be transferred to the Retired Reserve, or if not qualified or if he does not apply, be discharged, one year and ninety days after the date on which he would have been promoted if he had been recommended for promotion by the first selection board which considered him. (2) A deferred officer who is considered for promotion by a selection board or examined for Federal recognition in the next higher grade, as provided by subsection (c) or (d) of this section and who is not recommended for promotion by the selection board or who is found not qualified for Federal recognition, may not thereafter be considered for promotion or examined for Federal recognition, and, except as prescribed by sections 204 and 205 of this Act, shall— (A) have his Federal recognition terminated, if appropriate; and (B) if qualified, be transferred upon his application to the Retired Reserve, or if not so qualified or he does not apply, be discharged, within ninety days after the date upon which the report of the selection board or Federal recognition board is approved by the Secretary.