Page:United States Statutes at Large Volume 68 Part 1.djvu/1184

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Grade in Retired Reserve.

66 Stat. 483. 50 USC 927.

Active duty.

Return to active status.

Emergency suspension of provisions.

Sea or foreign service.

PUBLIC LAW 7 7 3 - S E P T. 3, 1954

[68 S T A T.

date on which he is credited with twenty years of such satisfactory Federal service, or prior to the second anniversary of the date on which he would otherwise be transferred from an active status or discharged, whichever is earlier, unless transferred or discharged for physical disability, cause, or by reason of attaining the maximum age at which transfer from an active status or discharge is required by this Act. SEC. 206. (a) A Reserve officer recommended for promotion to any grade under this Act or found qualified for Federal recognition in a higher grade, who, at any time prior to promotion, is found incapacitated for service by reason of physical disability shall, if transferred to the Retired Reserve, be transferred in the grade for which recommended or found qualified for Federal recognition, unless holding appointment in or entitled to higher grade under other provisions of law. No increase in pay or benefits shall accrue by reason of such promotion unless otherwise provided by law. (b) A Reserve officer shall, upon transfer to the Retired Reserve, be advanced on the reserve retired list established by section 207 of the Armed Forces Reserve Act of 1952 to the highest grade, permanent or temporary, satisfactorily held by him in the Armed Force of the United States in which holding appointment upon the date of his transfer to the Retired Reserve, as determined by the appropriate Secretary unless entitled to a higher grade under other provision of law. No increase in pay or benefits shall accrue by reason of such advancement unless otherwise provided by law. (c) An officer of the Retired Reserve who is ordered to active duty and who is promoted to a higher temporary grade while so serving, shall upon relief from active duty be advanced upon the reserve retired list to that grade. No increase in pay or benefits shall accrue by reason of such advancement unless otherwise provided by law. SEC. 207. Reserve officers who are hereafter ordered to active duty or active duty for training shall be so ordered in the grades held by them as Reserve officers except that the appropriate Secretary may, in his discretion, order such officers to active duty in any higher temporary grade. SEC. 208. Any Reserve officer recommended for promotion by a selection board or found qualified for Federal recognition in the next higher grade who, at the time he otherwise would be promoted is not eligible therefor because he has been removed from an active status, shall not, if returned to an active status, be placed on a recommended list for promotion until subsequently recommended for promotion by a selection board or found qualified for Federal recognition in the next higher grade and shall not be deemed to have been considered for promotion by the selection board or examined by the Federal recognition board which last considered or examined him prior to the time he is returned to an active status. SEC. 209. I n time of war or national emergency declared by the Congress, the President is authorized, in his discretion, to suspend the operation of all or any part or parts of this Act with respect to any or all of the Armed Forces. If any or all of the provisions of this Act are suspended by the President under this section, the Secretary of Defense, prior to the provisions of this Act being again placed in operation, shall recommend to Congress necessary legislation designed to adjust the grades of Reserve officers and such legislation shall be, insofar as practicable, comparable to any similar legislation recommended for adjustment of the grades of officers of the Regular component of the appropriate Armed Force. SEC. 210. There shall be no requirement for sea or foreign service for the promotion of Reserve officers under this Act.

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