Page:United States Statutes at Large Volume 113 Part 1.djvu/617

 PUBLIC LAW 106-65—OCT. 5, 1999 113 STAT. 593 "(A) to receive authorized medical care; "(B) to be medically evaluated for disability or other purposes; or "(C) to complete a required Department of Defense health care study, which may include an associated medical evaluation of the member. "(2) A member ordered to active duty under this subsection may, with the member's consent, be retained on active duty, if the Secretary concerned considers it appropriate, for medical treatment for a condition associated with the study or evaluation, if that treatment of the member is otherwise authorized by law. "(3) A member of the Army National Guard of the United States or the Air National Guard of the United States may be ordered to active duty under this subsection only with the consent of the Governor or other appropriate authority of the State concerned.". SEC. 513. EXCLUSION OF RESERVE OFFICERS ON EDUCATIONAL DELAY FROM ELIGIBILITY FOR CONSIDERATION FOR PRO- MOTION. (a) EXCLUSION.— Section 14301 of title 10, United States Code, is amended by adding at the end the following new subsection: "(h) OFFICERS ON EDUCATIONAL DELAY.— An officer on the reserve active-status list is ineligible for consideration for promotion, but shall remain on the reserve active-status list, while the officer— "(1) is pursuing a program of graduate level education in an educational delay status approved by the Secretary concerned; and "(2) is receiving from the Secretary financial assistance in connection with the pursuit of that program of education while in that status.". (b) RETROACTIVE EFFECT.— (1) Subsection (h) of section 14301 of title 10, United States Code (as added by subsection (a)), shall apply with respect to boards convened under section 14101(a) of such title before, on, or after the date of the enactment of this Act. (2) The Secretary of the military department concerned, upon receipt of request submitted in a form and manner prescribed by the Secretary, shall expunge from the militant records of an officer any indication of a failure of selection of the officer for promotion by a board referred to in paragraph (1) while the officer was ineligible for consideration by that board by reason of section 14301(h) of title 10, United States Code. SEC. 514. EXTENSION OF PERIOD FOR RETENTION OF RESERVE COMPONENT MAJORS AND LIEUTENANT COMMANDERS WHO TWICE FAIL OF SELECTION FOR PROMOTION. (a) PARITY WITH OFFICERS IN PAY GRADES 0-2 AND 0-3.— Section 14506 of title 10, United States Code, is amended— (1) by inserting "the later of (1)" after "in accordance with section 14513 of this title on"; and (2) by inserting before the period at the end the following: ", or (2) the first day of the seventh month after the month in which the President approves the report of the board which considered the officer for the second time". (b) EFFECTIVE DATE. —The amendments made by subsection (a) shall apply with respect to removals of reserve officers from 10 USC 14301 note. Records. Applicsibility. 10 USC 14506 note.

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