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10 U.S.C. § 12009 — Army and Air Force reserve components: temporary increases

submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 107 words · no verdicts yet

in plain englishAI-generated · not legal advice

When certain officers get appointed under specific laws, a reserve grade's authorized strength rises automatically to make room. This extra room exists only for that purpose. The appointed officer still counts toward limits on other future appointments in that grade.

(a) If someone is appointed to a reserve grade under section 1211(a), 7036, 14304(b), 14314, or 14317 of this title, the authorized strength for that grade automatically rises just enough to allow the appointment. This applies to reserve components under the Secretary of the Army or the Secretary of the Air Force. (b) This extra strength exists only for that one purpose. As long as the officer whose appointment caused the increase still holds that grade, that officer still counts when deciding whether other appointments — not made under those same sections — may happen in that grade.
the actual law source: uscode.house.gov ↗public domain
(a)

The authorized strength in any reserve grade, as prescribed under this chapter, for any reserve component under the jurisdiction of the Secretary of the Army or the Secretary of the Air Force is automatically increased to the minimum extent necessary to give effect to each appointment made in that grade under section 1211(a), 7036, 14304(b), 14314, or 14317 of this title.

(b)

An authorized strength so increased is increased for no other purpose. While an officer holds that grade, the officer whose appointment caused the increase is counted for the purpose of determining when other appointments, not under those sections, may be made in that grade.

Source credit: (Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2987; amended Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-337 · 108 Stat. 2987
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1840

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-337 on 1994-10-05.

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