Page:United States Statutes at Large Volume 104 Part 3.djvu/209

 PUBLIC LAW 101-510—NOV. 5, 1990 104 STAT. 1561 that grade) authorized to be serving on active duty as of the end of that fiscal year. "(4) An officer who is recommended for discharge by a selection board convened pursuant to the authority of subsection (b)(4) and whose discharge is approved by the Secretary concerned shall be discharged on a date specified by the Secretary concerned. "(5) Selection of officers for discharge under this subsection shall be based on the needs of the service. "(e) The discharge or retirement of an officer pursuant to this section shall be considered to be involuntary for purposes of any other provision of law.". (2) The table of sections at the beginning of subchapter IV of such chapter is amended by inserting after the item relating to section 638 the following new item: "638a. Modification to rules for continuation on active duty; enhanced authority for selective early retirement and early discharges.". (b) CONFORMING AMENDMENTS. —(1) Section 637 of title 10, United States Code, is amended— (A) by adding at the end of subsection (c) the following new sentence: "The period of the continuation on active duty of an officer under this section may be reduced by the Secretary concerned in the case of any officer as provided in section 638a of this title."; (B) by redesignating subsection (d) as subsection (e); and (C) by inserting after subsection (c) the following new subsection: "(d) For purposes of this section, a period of continuation on active duty under this section expires or is completed on the earlier of (1) the date originally established for the termination of such period, or (2) the date established for the termination of such period by any shortening of such period under section 638a of this title.". (2)(A) Subsection (a) of section 638 of title 10, United States Code, is amended by adding at the end the following new paragraph: "(3) A regular officer on the active-duty list of the Army, Navy, Air Force, or Marine Corps may also be considered for early retirement under the circumstances prescribed in section 638a of this title.". (B) Subsection (b)(1) of such section is amended by inserting "or section 638a of this title" after "under this section". SEC. 522. REDUCTION IN TIME-IN-GRADE REQUIREMENT FOR RETENTION OF GRADE UPON VOLUNTARY RETIREMENT Section 1370(a)(2) of title 10, United States Code, is amended— (1) by inserting "(A)" after "(2)"; (2) by inserting after "not less than three years" at the end of the first sentence the following: ", except that the Secretary of Defense may authorize the Secretary of a military department to reduce such period to a period not less than two years in the case of retirements effective during the five-year period beginning on October 1, 1990"; (3) by designating the second, and third sentences as subparagraph (B) and by striking out "the preceding sentence" in the first sentence of such subparagraph (as so designated) and inserting in lieu thereof "subparagraph (A)"; and (4) by adding at the end the following: "(C) The number of officers in an armed force in a grade for whom a reduction is made during any fiscal year in the period of service-in-

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