Page:United States Statutes at Large Volume 106 Part 3.djvu/920

 106 STAT. 2714 PUBLIC LAW 102-484—(XTT. 23, 1992 (d) UNIFORM AppuCABiliTY.The regulations shall apply uniformly to the Army, Navy, Air Force, and Marine Corps. SEC. 4415. INAPPUCABILITY TO CERTAIN DISCHARGES AND TRANS- FERS. The protections, preferences, and benefits provided for in regulations prescribed in accordance with this subtitle do not apply with respect to a member of the Selected Reserve who is discharged from a reserve component of the Armed Forces or is transferred from the Selected Reserve to another category of the Ready Reserve, to the Standby Reserve, or to the Retired Reserve— (1) at the request of the member unless such request was made and approved under a provision of this subtitle or section 1331a of title 10, United States Code (as added by section 4417); (2) because the member no longer meets the (][ualifications for membership in the Selected Reserve set forth m any provision of law as in effect on the day before the date of the enactment of this Act; (3) under adverse conditions, as characterized by the Secretary of the military department concerned; or (4) if the member— (A) is immediately eligible for retired pay based on military service under any provision of law; (B) is serving as a military technician, as defined in section 8401(30) of title 5, United States Code, and would be immediately eligible for an unreduced annuity under the provisions of subchai}ter III of chapter 83 of such title, relating to the Civil Service Retirement and Disability System, or the provisions of chapter 84 of such title, relating to the Federal Employees' Retirement System; or (C) is eligible for separation pay under section 1174 of title 10, United States Code. SEC. 4416. FORCE REDUCTION PERIOD RETIREMENTS. (a) TEMPORARY SPECIAL AUTHORITY FOR ELIMINATION OF OFFI- CERS FROM ACTIVE STATUS. —(1) During the force reduction transition period, the Secretary of the Army and the Secretary of the Air Force may, whenever the Secretary determines that such action is necessai^, convene a board to recommend an appropriate number of officers m the reserve components of the Army or the Air Force, as the case may be, who (A) nave met the age and service requirements specified in section 1331 of title 10, United States Code, for entiuement to retired pay for nonregular service except for not being at least 60 years of age, or (B) are immediately eligible for retired pay based on military service under any provision of law, for eUmination from an active status. (2) An officer who is to be eliminated from an active status under this section, shall, if qualified, be given an opportunity to request transfer to the appropriate Retired Reserve and, if the officer requests it, shall be so transferred. If the officer is not transferred to the Retired Reserve, the officer shall, in the discretion of the Secretary concerned, be transferred to the appropriate inactive status Ust or be discharged. (3) A member of the Army National Guard of the United States or the Air National Guard of the United States may not be eliminated from an active status under this section without the consent of the Governor or other appropriate authority of the

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