Source
(Aug. 10, 1956, ch. 1041, 70A Stat. 520, § 8352; Pub. L. 87–651, title I, § 126, Sept. 7, 1962, 76 Stat. 514; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; renumbered § 12214 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(c)(3),
1675
(b)(2), Oct. 5, 1994, 108 Stat. 2990, 3017; Pub. L. 104–106, div. A, title XV, § 1501(b)(13)(A), Feb. 10, 1996, 110 Stat. 496.)
Historical and Revision Notes
| Revised section |
Source (U.S. Code) |
Source (Statutes at Large) |
| 8352(a) |
|
|
|
| 8352(b) | 50:1116 (less last 15 words of 1st sentence, and less applicability to enlistments). |
| 50:1117 (less applicability to enlistments). | July 9, 1952, ch. 608, §§ 706 (less last 15 words of 1st sentence, and less applicability to enlistments), 707 (less applicability to enlistments), 66 Stat. 503. |
In subsection (a), the words “at any time”, “of any person”, and “from the National Guard of the United States or from the Air National Guard of the United States” are omitted as surplusage. The words “highest regular or reserve grade ever held by him in the Air Force” are substituted for the words “highest permanent grade previously held in * * * the Air Force or any component thereof”, since “permanent” grades are held only in a component and there are no “nonpermanent” grades held in a component.
In subsection (b), the words “appointment as a Reserve” are substituted for the words “appointment or * * * as a Reserve officer or”. The words “whose Federal recognition as a member * * * is withdrawn” are substituted for the words “ceases to hold a status as a federally recognized member”.
1962 Act
The change reflects the implied repeal of the second sentence of section
8352
(a) by section 502(a) of the Reserve Officer Personnel Act of 1954 (
68 Stat. 1172).
Amendments
1996—
Pub. L. 104–106 inserted “the” after “National Guard of” in section catchline.
1994—
Pub. L. 103–337, § 1662(c)(3), renumbered section
8352 of this title as this section.
Subsec. (a).
Pub. L. 103–337, § 1675(b)(2), struck out “or Territory, Puerto Rico, or the District of Columbia, whichever is” after “authority of the State”.
1988—Subsec. (a).
Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.
1962—Subsec. (a).
Pub. L. 87–651 struck out sentence which provided that upon transfer, an officer is eligible for promotion to the highest regular or reserve grade ever held by him in the Air Force, if his service has been honorable.
Effective Date of 1996 Amendment
Amendment by
Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of
Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of
Pub. L. 104–106, set out as a note under section
113 of this title.
Effective Date of 1994 Amendment
Amendment by
Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of
Pub. L. 103–337, set out as an Effective Date note under section
10001 of this title.