10 U.S.C. § 20240

section 20239 of this titleAn officer who is appointed to a higher grade under is considered to have accepted the appointment on the date on which the appointment is made unless the officer expressly declines the appointment.

section 3331 of title 5section 20239 of this titleAn officer who has served continuously since taking the oath of office prescribed in is not required to take a new oath upon appointment to a higher grade under .