Page:United States Statutes at Large Volume 107 Part 2.djvu/696

 107 STAT. 1646 PUBLIC LAW 103-160—NOV. 30, 1993 10 USC 580 note. 10 USC 1174a note. Reports. (1) by inserting "(except as provided in subparagraph (C))" in subparagraph (A) aJPter "shall be separated"; and (2) by adding at the end the following new subparagraph: "(C) If on the date on which a warrant officer is to be separated under subparagraph (A) the warrant officer has at least 18 years of creditable active service, the warrant officer shall be retained on active duty until retired under paragraph (3) in the same manner as if the warrant officer had had at least 18 years of service on the applicable date under subparagraph (A) or (B) of that paragraph.. (b) EFFECTIVE DATE.— The amendments made by subsection (a) shall apply to warrant officers who have not been separated pursuant to section 580(a)(4) of title 10, United States Code, before the date of enactment of this Act. SEC. 506. OFFICERS INELIGIBLE FOR CONSIDERATION BY EARLY RETIREMENT BOARDS. Section 638(e)(2)(B) of title 10, United States Code, is amended— (1) by inserting "(i)" after "grade and competitive category**; (2) by inserting "(ii)" after "of this title, or*; and (3) by striking out the comma after "any provision of law". SEC. 507. REMEDY FOR INEFFECTIVE COUNSELING OF OFFICERS DIS- CHARGED FOLLOWING SELECTION BY EARLY DISCHARGE BOARDS. (a) PROCEDURE FOR REVIEW.— (1) The Secretary of each militarv department shall establish a procedure for the review of the individual circumstances of an officer described in paragraph (2) who is discharged, or who the Secretary concerned approves for discharge, following the report of a selection board convened by the Secretary to select officers for separation. The procedure established by the Secretary of a military department under this section shall provide that each review under that procedure be carried out by the Board for the Correction of Military Records of that military department. (2) This section applies in the case of any officer (including a warrant of^cer) who, having been offered the opportunity to be discharged or otherwise separated from active duty through the programs provided under section 1174a and 1175 of title 10, United States Code— (A) elected not to accept such discharge or separation; and (B) submits an application under subsection (b) during the two-year period be^nning on the later of the date of the enactment of this Act and the date of such discharge or separation. (b) APPLICATION.— ^A review under this section shall be conducted in any case submitted to the Secretary concerned by application from the officer or former officer under regulations prescribed by the Secretary. (c) PURPOSE OF REVIEW.— (1) The review under this section shall be designed to evaluate the effectiveness of the counseling of the officer before the convening of the board to ensure that the officer was properly informed that selection for discharge or other separation from active duty was a potential result of being within the group of ofRcers to be considered by the board and

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