Colonels who reach age 58 while assigned to a Reserve unit or while possessing a Mobilization Assignment or Designation will not be reassigned solely because of age, but may continue in such an assignment until reaching age 60 if otherwise qualified for retention.

(b) Maximum age-in-grade provisions may be waived for successive one year periods until the officer has had an opportunity to qualify for and be considered for promotion. No waiver may be granted those individuals who have reached the maximum age-in-grade for the next higher grade or who have reached 60. All requests for waivers will be fully justified and are subject to approval by the major air command of assignment, or by the Continental Air Command numbered air force, in the case of individuals under the jurisdiction of ConAC. In addition, requests for successive waivers will indicate the reasons for the officer's failure to be considered for promotion during the previous waiver period. Copies of all waivers granted will be furnished the Continental Air Command numbered air force having custody of the individual's master personnel record.

(c) Upon completion of 20 years of satisfactory Federal service, those individuals who have reached age 60 may

apply for retirement under the provisions of Part 865 of this chapter. The names of individuals with 20 or more years of satisfactory Federal service regardless of age may, upon their application, be placed on the Reserve Retired List where they will become eligible for retirement pay upon reaching age 60.

§ 861.12 Assignments within the Air Force Reserve. Assignment and reassignments within or between units or program elements, and assignments to or from the Inactive Status List of the Standby Reserve, will be effected by Air Force Reserve orders. The designation of individual Ready, Standby, or Retired status will be reflected in all orders pertaining to each individual. Redesignation of the individual's status will be accomplished by Air Force Reserve orders whenever the individual accepts, or ceases to hold, Ready, Standby, or Retired status.

(a) Individuals of the Ready or Standby Reserve who are determined by appropriate authority to be permanently physically disqualified may request Retired Reserve status and, if otherwise qualified, will be granted such status. An individual of this category who is not qualified for Retired Reserve status will be subject to separation action.

(b) Redesignation of Ready Reservists will be made when the individual requests such a redesignation and is qualifiled for:

(1) Standby Reserve status in accordance with § 861.6, or

(2) Retired Reserve status in accordance with § 861.8.

(c) Redesignation of Ready Reservists may be accomplished regardless of the individual's desire when the individual:

(1) Has failed to participate satisfactorily in an active training program, and (2) Is qualified for Standby status but has failed to request such status.

(d) Redesignation of Standby Reservists will be accomplished when the individual meets any of the following requirements:

(1) Is qualified for and requests assignment to a program element available only to members of the Ready Reserve.

(2) Fails to maintain minimum participation standards established for retention in a program element.

(3) Has acquired 20 years of satisfactory service prior to reaching age 60 and requests Retired Reserve Status.

(e) Reassignment from the Inactive Status List of the Standby Reserve may be made when the individual is qualified for:

(1) And requests Retired Reserve status, or,

(2) Assignment to an active program element and requests such an assignment: Provided further, That an individual who has for the second time been assigned to the Inactive Status List for failure to maintain participation standards may not be reassigned to an active training program element.

(f) Reassignments within and between Air Force Reserve units or program elements will be effected when necessary to fill existing vacancies with fully qualified and available Reservists who volunteer for and indicate their willingness to fulfill the training standards and requirements of such assignments. Mandatory reassignments will be accomplished promptly when it has been determined that an individual no longer meets established age-in-grade criteria, physical or professional standards, or participation requirements established for the program element to which he is assigned.

§ 861.13 Administration of the Air Force Reserve. The Continental Air Command is charged with the responsibility of administering the various programs of the Air Force Reserve. That command will maintain the master personnel records of all Air Force Reservists not in the active military service except those of Reservists who have a retired status and those who hold general officer grade. Master personnel records of general officers and retired Reservists will be maintained by the Air Adjutant General, Headquarters United States Air Force. Continental Air Command will provide from Air Force Reserve resources, replacements for, or assignment to, vacancies in other major commands as required. The field personnel records of such individuals will be transferred to the gaining command concurrent with their assignment.

PROMOTIONS

AUTHORITY: §§ 861.21 to 861.27 issued under sec. 251, 66 Stat. 495; 50 U. S. C. 1002. Interpret or apply secs. 101-259, 601-603, 66

Stat. 481-498, 501; 50 U. S. C. 901-1010, 10911093.

SOURCE: §§ 861.21 to 861.27 appear at 18 F. R. 2402, Apr. 24, 1953.

§ 861.21 Purpose. Sections 861.21 to 861.27 prescribe general policies and procedures for the promotion in the Reserve of the Air Force of officer members of the Air Force Reserve to grades below that of brigadier general. Sections 861.21 to 861.27 also outline procedures whereby officer members of the Air National Guard of the United States serving in the active military service in a temporary United States Air Force grade higher than their permanent Reserve grade may apply for promotion in the Reserve of the Air Force (Air National Guard of the United States).

§ 861.22 Definitions. For the purpose of §§ 861.21 to 861.27, the following definitions apply:

(a) Active status. Status of an officer who is not on the Inactive Status List or on a retired list.

(b) Promotion service. Commissioned service in an active status in the Reserve of the Air Force and all periods of commissioned service in any of the services of the Armed Forces of the United States, exclusive of time spent in the inactive Air National Guard, inactive National Guard on an Inactive Status List, on a retired list, or any status wherein directives prohibit promotion credit. Promotion service for medical services officers and chaplains is only that service rendered in medical service and chaplain positions respectively.

(c) Promotion. Advancement to a higher permanent grade in the Reserve of the Air Force.

§ 861.23 Authority to effect promotions-(a) By whom effected. Promotion of officers of the Air Force Reserve is by direction of the President and will be effected by the following commanders:

(1) By commander of major air commands for those officers in the active military service.

(2) By the commander of the appropriate numbered air force of Continental Air Command for those officers not in the active military service.

(b) Delegating authority. This authority will not be delegated without

prior approval from Headquarters United States Air Force.

§ 861.24 Requirements for promotion (a) Officers not in the active military service. To be promoted to the next higher permanent grade, each officer of the Air Force Reserve will:

(1) Be in an active status.

(2) Occupy an authorized position vacancy of the higher grade as set forth in Table of Organization, Table of Distribution, or other authorized manning documents applicable to the Air Force Reserve. Promotion to the grade of first lieutenant does not require a position vacancy.

(3) Be recommended by immediate commanding officer.

(4) Complete the following minimum years of promotion service in an equivalent or higher grade:

(b) Officer in a temporary United States Air Force grade higher than his permanent grade. (1) In place of the requirements set forth in paragraph (a) (1), (2) and (3) of this section, except for United States Air Force "spot" appointment and those officers released from active military service for cause, an officer of the Air Force Reserve serving in active military service in a temporary United States Air Force grade higher than his permanent grade or who at time of release from active military service subsequent to June 26, 1950, is serving in a temporary United States Air Force grade higher than his permanent grade will, upon his application, be permanently promoted to that grade subject to the completion of the cumulative years of promotion service as prescribed below. Promotion service will be computed from date of appointment in current permanent grade preceded by any promotion service in an equivalent or higher grade prior to such date:

(2) In determining date of appointment in current permanent grade, any promotions effected under Message AFPMP-4 AM-9033, April 18, 1952, may be disregarded in computing promotion service as prescribed in this section.

(3) Officers may be promoted more than one grade above their current permanent Reserve grade but in any event an officer will not be promoted to a permanent grade higher than his temporary grade referred to in subparagraph (1) of this paragraph.

(c) Female Air Force Reserve officer. A female Air Force Reserve officer designated as a woman medical specialist may not be promoted to a grade above major. A female Air Force Reserve officer other than a woman medical specialist may not be promoted to a grade above lieutenant colonel, except that the Director, Women in the Air Force, if qualified may be promoted to the grade of colonel upon release from active military service if not holding an appointment in the Regular Air Force or retired as a Regular Air Force officer.

§ 861.25 Air Force Reserve selection boards—(a) Appointment. Reserve selection boards will be appointed by the commanders of the major air commands concerned or the Continental Air Command numbered air forces, as appropriate, in such numbers and at such locations as these commanders consider necessary. Meetings of Reserve selection boards will be held at such time and place as may be directed by commanders of the major air commands or the Continental Air Command numbered air forces concerned, as appropriate.

(b) Composition. Reserve selection boards will be composed of an uneven number of officers not less than three as follows:

(1) Board members will be senior in grade to the person being considered for promotion.

(2) Officers of any component in active military service and Air Force Reserve officers not in active military service are eligible for membership on these boards.

(4) Approved recommendations and will, to the extent practicable, be officers of the Air Force Reserve and the entire cer concerned and will indicate that each Air Force Reserve.

(4) At least one officer will be a rated officer for boards considering rated officers for promotion.

(5) If practicable, at least one member should be qualified in the particular specialty of the officer being considered.

(6) Boards considering a chaplain, an officer in the Medical Service, United States Air Force, or a judge advocate will have at least one member who is a chaplain, medical officer, or a judge advocate, as appropriate.

(7) Prior consent of an Air Force Reserve officer not in active military service will be obtained before appointment as a member of a Reserve selection board.

(c) Procedure. (1) A Reserve selection board will select and recommend only those officers considered by the board to be fully qualified for promotion to the next higher permanent grade in the Reserve of the Air Force.

(2) Each officer who is appointed a member of a Reserve selection board will swear or affirm that he will, without prejudice or partiality, and, having in view both the special fitness of officers and the efficiency of the Air Force, perform the duties imposed upon him as a member of such board. A majority of the total membership of any Reserve selection board must concur in each recommendation made by the board.

(d) Findings. (1) A Reserve selection board will submit its findings directly to the appointing authority.

(2) The findings of the board will be regarded as confidential.

§ 861.26 Promotion procedures—(a) For officers not in the active military service. (1) Recommendations for promotion will be forwarded through channels to the commander of the major air command or the Continental Air Command numbered air force concerned.

(2) The commander concerned will refer all recommendations to the appropriate Reserve selection board.

(3) The commander concerned will approve or disapprove the findings of the board.

(4) Approved recommendations and findings will be forwarded to the commander of the Continental Air Command numbered air force having custody of the master personnel record of the officer concerned and will indicate that each officer recommended:

(i) Fulfills all requirements of §§ 861.21 to 861.27.

(ii) Is assigned to his command. (iii) Was selected and recommended for promotion by a Reserve selection board.

(5) The commander of the Continental Air Command numbered air force concerned will, if no derogatory information is contained in the record of the officer selected and recommended, promote such officer to the permanent grade for which recommended.

(6) If derogatory information is contained in the record of the officer concerned, which, in the opinion of the commander of the Continental Air Command numbered air force, is of sufficient importance to preclude promotion to the grade for which recommended, the case will be referred to the Director of Military Personnel, Headquarters United States Air Force, Washington 25, D. C.

(7) Recommendations for promotion disapproved by the commander of the major air command or the Continental Air Command numbered air force concerned will be returned through channels to the initiating office.

(8) An officer eligible for promotion under § 861.24 (b) will, upon his application, through channels, to the commander of the Continental Air Command numbered air force concerned, be promoted to the appropriate higher permanent grade. Such promotions will be accomplished without board action.

(b) For officers in active military service. Officers eligible for promotion under § 861.24 (b) will upon application, through channels, to the commander of the major air command concerned, be promoted to the appropriate higher permanent grade. Headquarters United States Air Force will effect such promotions for officers not assigned to a major air command upon their application, through channels, to the Director of Military Personnel, Headquarters United

States Air Force, Attention: Promotions and Separations Division, Washington 25, D. C.

(c) Orders. Promotion of Air Force Reserve officers in active military service will be effected by special orders and for officers not in active military service, by Air Force Reserve orders. Such promotions constitute new appointments in the Reserve of the Air Force for an indefinite term. An oath of office or acceptance is not necessary as an officer promoted to a higher grade is considered for all purposes to have accepted the promotion upon the date of the order announcing the same, unless he expressly declines the promotion. (56 Stat. 787; 10 U. S. C. 588).

§ 861.27 Members of the Air National Guard of the United States in the active military service. Officers of the Air National Guard of the United States in the active military service who meet the requirements for promotion under § 861.24 (b), may apply for such promotion in the following manner:

(a) Application for Federal recognition and promotion accompanied by an extract true copy of the Air Force order effecting promotion to the higher temporary United States Air Force grade will be initiated by the officer concerned directly to the Adjutant General of the appropriate State, Territory, or the District of Columbia. Approved applications will be appropriately indorsed by the Adjutant General and forwarded to the Chief, National Guard Bureau. Supporting papers to accompany approved applications are as follows:

(1) State, Territory, or District of Columbia order effecting appointment of the officer concerned in the higher grade. Such order must contain a statement substantially as follows: "Officer may be examined by any duly appointed Federal recognition board."

(2) An extract true copy of the order effecting promotion of the officer concerned to the higher temporary United States Air Force grade.

(b) Approved applications will be considered by a Federal recognition board appointed in the National Guard Bureau and the officer will be notified of final action.

POINT-GAINING ACTIVITIES FOR AIR FORCE RESERVISTS

AUTHORITY: §§ 861.31 to 861.36 issued under sec. 251, 66 Stat. 495; 50 U. S. C. 1002.

Interpret or apply secs. 101-259, 601-603, 66 Stat. 481-498, 501; 50 U. S. C. 901-1010, 10911093.

SOURCE: §§ 861.31 to 861.36 appear at 18 F. R. 2403, Apr. 24, 1953, except as otherwise noted.

§ 861.31 Purpose and policy-(a) Purpose. Sections 861.31 to 861.36 establish the basis and standards for earning and awarding points for retirement benefits for officers and airmen of the Air Force Reserve under the Army and Air Force Vitalization and Retirement Equalization Act of 1948 (secs. 301-313, 62 Stat. 1084-1091; 10 U. S. C. 1036, 1036a-i). Sections 861.31 to 861.36 apply to all Reservists in an active status.

(b) Policy (1) Active Air Force Reserve program elements. Points required to meet participation requirements in the several active Air Force Reserve program elements, for example, combat training wings, flying training wings, combat support training wings, mobilization assignment Reserve section, specialist training units, Volunteer Air Reserve training units, mobilization designation Reserve section, and nonaffiliated Reserve section will be awarded on the same basis as the points awarded for retirement purposes.

(2) Persons assigned to Ineligible Reserve Section, on Inactive Status List, or in Retired Reserve. Persons who are assigned to the Ineligible Reserve Section may not participate in point-gaining activities, but will be awarded 15 gratuitous points annually for Reserve membership. Persons who are on the Inactive Status List of the Standby Reserve or in the Retired Reserve are not eligible for the award of points.

(3) Pay status. Points may be earned pursuant to § 861.33 whether or not the persons are in a pay status, except that persons earning points under § 861.33 (h) must be in an inactive duty training pay status.