Page:United States Statutes at Large Volume 62 Part 1.djvu/1113

 62 STAT.] 80rT CONG. , 2 D SESS.-CH. 708-JUNE 29, 1948 1083 less than three years of service for promotion purposes shall be appointed in the grade of second lieutenant; those with three or more, but less than seven years of such service, shall be appointed in the grade of first lieutenant; those with seven or more, but less than four- teen years of such service, shall be appointed in the grade of captain; those with fourteen or more, but less than twenty-one years of such service, shall be appointed in the grade of major; those with twenty-one or more, but less than twenty-eight years of such service, shall be appointed in the grade of lieutenant colonel: Provided,That (a) those oe than 28 years with more than twenty-eight years of service for promotion purposes Persons under 6o. who are under sixty years of age shall be appointed to the active list in the permanent grade of lieutenant colonel and- (A) shall until June 30, 1953, be eligible for selection to the permanent grade of colonel; and (B) if not selected and promoted to the grade of colonel or retired under any other provision of law on or before June 30, 1953, shall on such date be retired in the highest grade to which he is entitled under any provision of law; or (C) if promoted to the grade of colonel on the active list prior to such date, shall be retired under the laws applicable to the elimination and retirement of permanent colonels; and (b) Those with more than twenty-eight years of service for promo- Persons over 60. tion purposes who are sixty years of age or over shall be advanced on the retired list to the grade of colonel, and shall be entitled to receive the retired pay to which they would have been entitled if they had not been removed from the active list under the provisions of section 2 of the joint resolution of July 29, 1941 (55 Stat. 606), but had been nl 1°. S.-. 57 retired while serving in the permanent grade of colonel at the com- note. pletion of twenty-eight years of service for promotion purposes. Each Prootion ist. officer restored to the active list, and appointed in a grade as prescribed in this section, shall have his name placed on the appropriate promo- tion list among the officers of his grade in the same seniority standing as would have existed had such officer been continued on the active list. For promotion purposes and initial grade determination each Srvil, credit. officer so restored to the active list shall, upon appointment, have credited to him all service which he would have had if he had not been removed from the active list pursuant to the provisions of section 2 of the joint resolution of July 29, 1941 (55 Stat. 606). In all other not0 Up. cI 571 cases the action taken by the Secretary of the Army or the Secretary note u pp, of the Air Force, for their respective services, shall be final and con- P " t P 1084 elusive for all purposes. The cognizant Secretary shall transmit to opy of report. each person affected a copy of the report made by the Board of Review in his case and written notice as to the disposition thereof. (c) In determining length of active Federal commissioned service Defterminatio of for all purposes of pay, allowances, appointment, promotion, and servce. retirement, each person restored to the active list of the Regular Army or the Regular Air Force pursuant to the provisions of this section shall be deemed to have served as an officer on the active list of the service concerned from the date of his removal therefrom to the date of his restoration thereto, and upon restoration shall be carried as an IAdf"io"na ntmeber additional number in the grade in which restored to the active list or in any grade to which he thereafter may be promoted. Each officer so restored shall be accorded all other rights, benefits, and privileges to which he would have been entitled if he had not been removed from the active list, except those based upon active service in time of war or emergency not in fact performed by him. (d) Each officer of the Regular Army heretofore removed from l v. s. C n the active list pursuant to the provisions of section 2 of the joint note. resolution of July 29, 1941 (55 Stat. 606), who on the date of such PO". P' -

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