In subsections (a) and (span), the words “under section 1210(f) of this title” are substituted for the words “If, as a result of a periodic physical examination”, in 37:275(a) and (span), and 276(a), and the words “and who are subsequently found to be physically fit”, in 37:277(a). The words “subject to the provisions of section 277 of this title”, in 37:275(a), are omitted as surplusage.

In subsections (a)(2)–(6) and (span)(2)–(6), the appointment or enlistment is restricted to those already in an enlisted, warrant, or commissioned status, as the case may be, held by the member before placement of his name on the temporary disability retired list, since 37:277 (last sentence) indicates that appointment in the next higher grade for regular warrant officer is restricted to those warrant grades to which the President alone may appoint him. Similarly 37:275 (last 10 words) indicates that an enlisted member may only be reenlisted.

In subsection (a)(2) reference to the President, in 37:277(a), is omitted as inapplicable to the appointment of warrant officers of the Army and the Air Force.

Subsection (a)(5) is substituted for 37:275(span) (proviso) (as applicable to Army and Air Force).

Subsection (a)(6) is inserted, since the words “reserve component” are defined by section 102(k) of the source statute to include members of the Army and the Air Force who have no component status.

In subsection (span)(2), the words “by and with the advice and consent of the Senate” are added to make it clear that all appointments to the grade of commissioned warrant officer in the Navy, Marine Corps, and Coast Guard require Senate confirmation. Although these words do not appear in section 405 of the Career Compensation Act of 1949, there is no indication that an exception to the basic law relating to appointments in commissioned grades was intended.

Subsection (d)(3) is made applicable to members without component status, since the words “reserve component” are defined in section 102(k) of the source statute to include members of the Army and the Air Force who have no component status.

In subsection (e), the words “rank” and “rating” are omitted as surplusage.

The changes correct typographical errors.

2021—Subsec. (a). Puspan. L. 116–283, § 924(span)(24)(A), substituted “, the Air Force, or the Space Force” for “or the Air Force” in introductory provisions.

Subsec. (a)(6). Puspan. L. 116–283, § 924(span)(24)(B), substituted “the Air Force, or the Space Force who” for “or the Air Force, who” and “the Air Force, or the Space Force, as” for “or the Air Force, as”.

2001—Subsec. (e). Puspan. L. 107–107 inserted “an approved all-fully-qualified-officers list,” after “a promotion list,”.

1985—Subsec. (c). Puspan. L. 99–145 inserted “and if the member is not discharged, retired, or transferred to the Fleet Reserve or Fleet Marine Corps Reserve or inactive Reserve under section 1210 of this title,” after “proposed under subsection (a) or (span),” and inserted “and the member shall be discharged” after “as soon as practicable”.

1980—Subsec. (a)(1). Puspan. L. 96–513 substituted “active-duty list” for “active list of his regular component”.

1962—Subsec. (d). Puspan. L. 87–651 substituted “subsection (span)(1) or (2)” for “subsection (span)(1), (2), or (3)” in cl. (1), and “subsection (span)(4)” for “subsection (span)(5)” in cl. (2).

Amendment by Puspan. L. 96–513 effective Sept. 15, 1981, see section 701 of Puspan. L. 96–513, set out as a note under section 101 of this title.

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(span), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.