Page:United States Statutes at Large Volume 108 Part 4.djvu/334

 108 STAT. 2968 PUBLIC LAW 103-337—OCT. 5, 1994 SEC. 1635. COMPUTATION OF YEARS OF SERVICE FOR TRANSFER OF ARMY OFFICERS TO RETIRED RESERVE. Effective (a) INTERIM REPEAL OF OBSOLETE PROVISION.— Effective for Termination ^^^ period beginning on the date of the enactment of this Act date. and ending on the effective date specified in section 1291, section 3853 is amended by striking out "the greater of—" and all that follows and inserting in lieu thereof "the sum of the following: "(1) The officer's years of service as a commissioned officer of any component of the armed forces or of the Army without specification of component. "(2) The officer's years of service in a federally recognized commissioned status in the National Guard if his service in the National Guard was continuous from the date of his Federal recognition as an officer in the National Guard to the date of his appointment in the National Guard of the United States.". 10 USC 3853 (b) EFFECTIVE DATE. —The amendment made by subsection (a) ^°^- shall apply with respect to transfers to the Retired Reserve and to discharges on or after the date of the enactment of this Act. SEC. 1636. REPEAL OF MISCELLANEOUS OBSOLETE APPOINTMENT AUTHORITIES. (a) ARMY RESERVE OFFICERS APPOINTED IN TEMPORARY 10 USC 3352. GRADES.— Section 3352(a) is amended by striking out the second sentence. (b) AIR FORCE AVIATION CADETS.—Section 8356 is repealed. (c) REDUNDANT STATEMENT OF AUTHORITY.— Section 8379 is repealed. PART II—SEPARATION AND RETIREMENT SEC. 1641. COMPUTATION OF HIGHEST GRADE IN WHICH SATISFAC- TORILY SERVED FOR RESERVE COMMISSIONED OFFI- CERS AND FORMER OFFICERS. Section 1370 is amended by adding at the end the following new subsection: "(d)(1) Unless entitled to a higher grade, or to credit for satisfactory service in a higher grade, under some other provision of law, a person who is entitled to retired pay under chapter 1225 of this title shall, upon application under section 12731 of this title, be credited with satisfactory service in the highest grade in which that person served satisfactorily at any time in the armed forces, as determined by the Secretary concerned in accordance with this subsection. "(2)(A) In order to be credited with satisfactory service in an officer grade (other than a warrant officer grade) below the grade of lieutenant colonel or commander, a person covered by paragraph (1) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than six months. "(B) In order to be credited with satisfactory service in an officer grade above major or lieutenant commander and below lieutenant general or vice admiral, a person covered by paragraph (1) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than three years. A person covered

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