Page:United States Statutes at Large Volume 115 Part 2.djvu/105

 "-'^.i*.- PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1089 SEC. 506. AUTHORITY TO ADJUST DATE OF RANK OF CERTAIN PRO- MOTIONS DELAYED BY REASON OF UNUSUAL CIR- CUMSTANCES. (a) ACTIVE DUTY OFFICERS.— Subsection 741(d) of title 10, United States Code, is amended by adding at the end the following new paragraph: "(4)(A) The Secretary concerned may adjust the date of rank of an officer appointed under section 624(a) of this title to a higher grade that is not a general officer or flag officer grade if the appointment of that officer to that grade is delayed from the date on which (as determined by the Secretary) it would otherwise have been made by reason of unusual circumstances (as determined by the Secretary) that cause an unintended delay in— "(i) the processing or approval of the report of the selection board recommending the appointment of that officer to that grade; or "(ii) the processing or approval of the promotion list established on the basis of that report. "(B) The adjusted date of rank applicable to the grade of an officer under subparagraph (A) shall be consistent— "(i) with the officer's position on the promotion list for that grade and competitive category when additional officers in that grade and competitive category were needed; and "(ii) with compliance with the applicable authorized strengths for officers in that grade and competitive category. "(C) The adjusted date of rank applicable to the grade of an Effective date. officer under subparagraph (A) shall be the effective date for— "(i) the officer's pay and allowances for that grade; and "(ii) the officer's position on the active-duty list. "(D) When under subparagraph (A) the Secretary concerned Notification, adjusts the date of rank of an officer in a grade to which the officer was appointed by and with the advice and consent of the Senate and the adjustment is to a date before the date of the advice and consent of the Senate to that appointment, the Secretary shall promptly transmit to the Committee on Armed Services of the Senate a notification of that adjustment. Any such notification shall include the name of the officer and a discussion of the reasons for the adjustment of date of rank. "(E) Any adjustment in date of rank under this paragraph Regulations, shall be made under regulations prescribed by the Secretary of Applicability. Defense, which shall apply uniformly among the Army, Navy, Air Force, and Marine Corps.". (b) RESERVE OFFICERS.— (1) Section 14308(c) of such title is amended— (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following new paragraph (2): "(2) The date of rank of an officer appointed to a higher grade under this section may be adjusted in the same manner as an adjustment may be made under section 741(d)(4) of this title in the date of rank of an officer appointed to a higher grade under section 624(a) of this title. In any use of the authority under the preceding sentence, subparagraph (C)(ii) of such section shall be applied by substituting 'reserve active-status list' for 'activeduty list'.".

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