Page:United States Statutes at Large Volume 115 Part 2.djvu/97

 PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1081 14705 of this title, and any other board convened by the Secretary of a mihtary department under any authority to recommend persons for appointment, enUstment, reenHstment, assignment, promotion, or retention in the armed forces or for separation, retirement, or transfer to inactive status in a reserve component for the purpose of reducing the number of persons serving in the armed forces. "(B) Such term does not include any of the following: "(i) A promotion board convened under section 573(a), 611(a), or 14101(a) of this title, "(ii) A special board. "(iii) A special selection board convened under section 628 of this title. "(iv) A board for the correction of military records convened under section 1552 of this title. "(3) INVOLUNTARILY BOARD-SEPARATED.— The term 'involuntarily board-separated' means separated or retired from an armed force, or transferred to the Retired Reserve or to inactive status in a reserve component, as a result of a recommendation of a selection board. "(c) RELIEF ASSOCIATED WITH CORRECTION OF CERTAIN ACTIONS.— (1) The Secretary of the military department concerned shall ensure that an involuntarily board-separated person receives relief under paragraph (2) or under paragraph (3) if the person, as a result of a correction of the person's military records under subsection (a), becomes entitled to retention on or restoration to active duty or to active status in a reserve component. "(2)(A) A person referred to in paragraph (1) shall, with that person's consent, be restored to the same status, rights, and entitlements (less appropriate offsets against back pay and allowances) in that person's armed force as the person would have had if the person had not been selected to be involuntarily board-separated as a result of an action the record of which is corrected under subsection (a). An action under this subparagraph is subject to subparagraph (B). "(B) Nothing in subparagraph (A) may be construed to permit a person to be on active duty or in an active status in a reserve component after the date on which the person would have been separated, retired, or transferred to the Retired Reserve or to inactive status in a reserve component if the person had not been selected to be involuntarily board-separated in an action of a selection board the record of which is corrected under subsection (a). "(3) If an involuntarily board-separated person referred to in paragraph (1) does not consent to a restoration of status, rights, and entitlements under paragraph (2), the Secretary concerned shall pay that person back pay and allowances (less appropriate offsets), and shall provide that person service credit, for the period— "(A) beginning on the date of the person's separation, retirement, or transfer to the Retired Reserve or to inactive status in a reserve component, as the case may be; and "(B) ending on the earlier of— "(i) the date on which the person would have been so restored under paragraph (2), as determined by the Secretary concerned; or "(ii) the date on which the person would otherwise have been separated, retired, or transferred to the Retired 89-194O -03 -4 QL3Part2

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