Page:United States Statutes at Large Volume 112 Part 3.djvu/178

 112 STAT. 2008 PUBLIC LAW 105-261—OCT. 17, 1998 10 USC 1370 note. 10 USC 12205 note. service in the grade in which serving at the time of such transfer, notwithstanding failure of the person to complete three years of service in that grade.". (b) EFFECTIVE DATE,—Subparagraph (F) of such section, as added by subsection (a), shall take effect on the date of the enactment of this Act and shall apply with respect to transfers referred to in such subparagraph that are made on or after that date. SEC. 514. ACTIVE STATUS SERVICE REQUIREMENT FOR PROMOTION CONSIDERATION FOR ARMY AND AIR FORCE RESERVE COMPONENT BRIGADIER GENERALS. Section 14301 of title 10, United States Code, is amended by adding at the end the following new subsection: "(g) A reserve component brigadier general of the Army or the Air Force who is in an inactive status is eligible (notwithstanding subsection (a)) for consideration for promotion to major general by a promotion board convened under section 14101(a) of this title if the officer— "(1) has been in an inactive status for less than 1 year as of the date of the convening of the promotion board; and "(2) had continuously served for at least 1 year on the reserve active status list or the active duty list (or a combination of both) immediately before the officer's most recent transfer to an inactive status.". SEC. 515. COMPOSITION OF SELECTIVE EARLY RETIREMENT BOARDS FOR REAR ADMIRALS OF THE NAVAL RESERVE AND MAJOR GENERALS OF THE MARINE CORPS RESERVE. (a) IN GENERAL.—Section 14705(b) of title 10, United States Code, is amended— (1) by inserting "(1)" after "(b) BOARDS. — "; and (2) by adding at the end the following: "(2) In the case of such a board convened to consider officers in the grade of rear admiral or major general, the Secretary of the Navy may appoint the board without regard to section 14102(b) of this title. In doing so, however, the Secretary shall ensure that— "(A) each regular commissioned officer appointed to the board holds a grade higher than the grade of rear admiral or major general; and "(B) at least one member of the board is a reserve officer who holds the grade of rear admiral or major general.". (b) TECHNICAL AMENDMENTS.— Paragraph (1) of such section, as designated by subsection (a)(1), is amended— (1) by inserting "of officers" after "consideration"; and (2) by inserting "continuation" after "shall convene a". SEC. 516. AUTHORITY FOR TEMPORARY WAIVER FOR CERTAIN ARMY RESERVE OFFICERS OF BACCALAUREATE DEGREE REQUIREMENT FOR PROMOTION OF RESERVE OFFICERS. (a) WAIVER AUTHORITY FOR ARMY OCS GRADUATES.— The Secretary of the Army may waive the applicability of section 12205(a) of title 10, United States Code, to any officer who before the date of the enactment of this Act was commissioned through the Army Officer Candidate School. Any such waiver shall be made on a case-by-case basis, considering the individual circumstances of the officer involved, and may continue in effect for no more than 2 years after the waiver is granted. The Secretary may provide for

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