Page:United States Statutes at Large Volume 108 Part 4.djvu/115

 PUBLIC LAW 103-337—OCT. 5, 1994 108 STAT. 2749 "(D) is serving in the grade of lieutenant commander or commander, or in the grade of major or lieutenant colonel, under a temporary appointment under subsection (d) of section 5596 of this title.". SEC. 503. NAVY AND MARD^ CORPS LIMITED DUTY OFFICERS TWICE HAVING FAILED OF SELECTION FOR PROMOTION. (a) TREATMENT OF LDOS TWICE HAVING FAILED OF SELEC- TION.— Section 6383 of title 10, United States Code, is amended— , (1) by redesignating subsections (g), (h), (i), and (j) as subsections (i), (j), (k), and (1), respectively; and (2) by striking out subsection (f) and inserting in lieu thereof the following: "(f) 18-YEAR RETIREMENT SANCTUARY. — If an officer subject to discharge under subsection (b), (d), or (e) is (as of the date on which the officer is to be discharged) not eligible for retirement under any provision of law but is within two years of qualifying for retirement under section 6323 of this title, the officer shall be retained on active duty as an officer designated for limited duty until becoming qualified for retirement under that section and shall then be retired under that section, unless the officer is sooner retired or discharged under another provision of law or the officer reverts to a warrant officer grade pursuant to subsection (h). "(g) RENLISTMENT FOR LDOS APPOINTED FROM ENLISTED GRADES.—(1) An officer subject to discharge under subsection (b), (d), or (e) who is described in paragraph (2) may, upon the officer's request and in the discretion of the Secretary of the Navy, be enlisted in a grade prescribed by the Secretary upon the officer's discharge pursuant to such subsection. "(2) An officer described in this paragraph is an officer who— "(A) is not eligible for retirement under any provision of law; "(B) is not covered by subsection (f); and "(C) was in an enlisted grade when first appointed as an officer designated for limited duty. " (h) REVERSION TO WARRANT OFFICER GRADE FOR LDOS APPOINTED FROM WARRANT OFFICER GRADES.—An officer subject to discharge under subsection (b), (d), or (e) (including an officer otherwise subject to retention under subsection (f)) who is not eligible for retirement under any provision of law and who had the permanent status of a warrant officer when first appointed as an officer designated for limited duty may, at the officer's option, revert to the warrant officer grade and status that the officer would hold if the officer had not been appointed as an officer designated for limited duty.". (b) CLARIFICATION OF OFFICERS SUBJECT TO SELECTIVE RETEN- TION. —Subsection (k) of such section (as redesignated by subsection (a)(1)) is amended by striking out "or the discharge under subsection (d)" in the first sentence and inserting in lieu thereof "or the discharge under subsection (b) or (d)". (c) CONFORMING AMENDMENTS. —Such section is further amended— (1) in subsection (a) by striking out "Except as provided in subsection (i)," each place it appears and inserting in lieu thereof "Except as provided in subsection (k),"; and

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