§ 3747. Date of rank upon promotion; entitlement to pay

609 words·~3 min read·/usc/title-14/section-3747

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(a)When a Reserve officer is promoted to the next higher grade under this subchapter, the date of rank shall be the date of appointment in that grade, unless the promotion was determined in accordance with a running mate system, in which event the same date of rank shall be assigned as that assigned to the officer’s running mate. A Reserve officer so promoted shall be allowed the pay and allowances of the higher grade for duty performed from the date of the officer’s appointment thereto.

(b)Notwithstanding any other provision of law and subject to subsection (c), if promotion of an inactive duty promotion list officer to the grade of rear admiral or rear admiral (lower half) is determined in accordance with a running mate system, a reserve officer, if acceptable to the President and the Senate, shall be promoted to the next higher grade no later than the date the officer’s running mate is promoted.

(c)For the purposes of this section, the date of appointment shall be that date when promotion authority is exercised by the Secretary. However, the Secretary may adjust the date of appointment—

(1)if a delay in the finding required under section 3745(a) of this title is beyond the control of the officer and the officer is otherwise qualified for promotion; or

(2)for any other reason that equity requires.

(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1012, § 736; amended Pub. L. 97–417, § 2(14), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 101–225, title II, § 203(4), Dec. 12, 1989, 103 Stat. 1911; Pub. L. 107–295, title IV, § 411(c), Nov. 25, 2002, 116 Stat. 2118; Pub. L. 108–293, title II, § 220(b), (c), Aug. 9, 2004, 118 Stat. 1039; renumbered § 3747 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.)

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