Commissioned officers; regular and reserve components: appointment in higher grade

§ 8442. Commissioned officers; regular and reserve components: appointment in higher grade (a) Whenever the number of officers of the Regular Air Force in any regular grade above second lieutenant is less than the number authorized, the vacancies may be filled by the appointment of qualified officers, as prescribed in subsection (c). (b) Whenever, under authorization by Congress, the number of commissioned officers of the Regular Air Force on active duty plus the number of other commissioned officers of the Air Force ordered to active duty for a period of more than 30 days is more than the authorized strength of the Regular Air Force in commissioned officers on the active list, the Secretary of the Air Force shall determine the additional number of officers needed in each of the commissioned grades based upon the number of officers serving on active duty and the tasks being performed by the Air Force. Vacancies resulting from that determination may then be filled by the appointment of qualified officers, as prescribed in subsection (c). 522 (c) Subject to subsections (a) and (b), a regular commissioned officer, or a reserve commissioned officer who is serving on active duty, may be appointed in a temporary grade that is equal to or higher than his regular or reserve grade, without vacating any other grade held by him. Under regulations to be prescribed by the Secretary, appointments made under this subsection shall be made on a fair and equitable basis. Selections shall be based upon ability and efficiency with regard being given to seniority and age.