Page:United States Statutes at Large Volume 117.djvu/1476

 PUBLIC LAW 108–136—NOV. 24, 2003

117 STAT. 1457

(c) AUTHORIZED STRENGTH FOR GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.—Section 526(b) of such title is amended by striking paragraph (3). SEC. 505. RETENTION OF HEALTH PROFESSIONS OFFICERS TO FULFILL ACTIVE-DUTY SERVICE COMMITMENTS FOLLOWING PROMOTION NONSELECTION.

(a) IN GENERAL.—Section 632 of title 10, United States Code, is amended— (1) in subsection (a)(1), by inserting ‘‘except as provided in paragraph (3) and in subsection (c),’’ before ‘‘be discharged’’; and (2) by adding at the end the following new subsection: ‘‘(c)(1) If a health professions officer described in paragraph (2) is subject to discharge under subsection (a)(1) and, as of the date on which the officer is to be discharged under that paragraph, the officer has not completed a period of active duty service obligation that the officer incurred under section 2005, 2114, 2123, or 2603 of this title, the officer shall be retained on active duty until completion of such active duty service obligation, and then be discharged under that subsection, unless sooner retired or discharged under another provision of law. ‘‘(2) The Secretary concerned may waive the applicability of paragraph (1) to any officer if the Secretary determines that completion of the active duty service obligation of that officer is not in the best interest of the service. ‘‘(3) This subsection applies to a medical officer or dental officer or an officer appointed in a medical skill other than as a medical officer or dental officer (as defined in regulations prescribed by the Secretary of Defense).’’. (b) TECHNICAL AMENDMENTS.—Sections 630(2), 631(a)(3), and 632(a)(3) of such title are amended by striking ‘‘clause’’ and inserting ‘‘paragraph’’. (c) EFFECTIVE DATE.—The amendments made by subsection (a) shall not apply in the case of an officer who as of the date of the enactment of this Act is required to be discharged under section 632(a)(1) of title 10, United States Code, by reason of having failed of selection for promotion to the next higher regular grade a second time.

10 USC 632 note.

SEC. 506. PERMANENT AUTHORITY TO REDUCE THREE-YEAR TIMEIN-GRADE REQUIREMENT FOR RETIREMENT IN GRADE FOR OFFICERS IN GRADES ABOVE MAJOR AND LIEUTENANT COMMANDER.

(a) ACTIVE COMPONENT OFFICERS.—Subsection (a)(2)(A) of section 1370 of title 10, United States Code, is amended by striking ‘‘in the case of retirements effective during the period beginning on October 1, 2002, and ending on December 31, 2003’’. (b) RESERVE COMPONENT OFFICERS.—Subsection (d)(5)(A) of such section is amended by striking ‘‘2 years’’ and all that follows and inserting ‘‘two years.’’.

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