Page:United States Statutes at Large Volume 68 Part 1.djvu/1194

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PUBLIC LAW 773-SEPT. 3, 1954

[68 S T A T.

(b) A Reserve officer who has been recommended for promotion and has remained in an active status since the recommendation shall be governed by the maximum age prescribed in (a) for the grade to which recommended for promotion. (c) A Reserve officer who, on the effective date of this Act, has attained an age in excess of the maximum prescribed for his grade under (a) shall, on the last day of the month in which this Act becomes effective, be discharged or, if qualified and he makes application therefor, be transferred to the Retired Reserve. (d) The Secretary may authorize the retention in an active status of a Reserve officer in the National Guard of the United States in the grade of colonel or below who would otherwise be removed from an active status under this section or section 327, who is assigned to a headquarters or headquarters detachment of a State, Territory, or the District of Columbia, until he attains sixty~years of age. (e) For the purpose of section 206, the maximum age at which transfer from an active status or discharge is required shall be sixtyfour in case of the Chief, National Guard Bureau, or an adjutant general or commanding general of troops of a State, Territory, or the District of Columbia, sixty-two in case of a major general other than the foregoing, and sixty in case of an officer below major general. (f) Effective after that date which is five years after the effective date of this Act each Reserve officer assigned in the Army Nurse Corps or the Women's Specialist Corps shall be discharged or, if she makes application therefor and is qualified, be transferred to the Retired Reserve, on the last day of the month in which such an officer in a grade of major or higher attains the age of fifty-five or in which such an officer in a grade below major attains the age of fifty. Such an officer in the grade of captain who has been recommended for promotion and has remained in an active status since the recommendation shall be governed by the provision of this subsection applicable to major or above. E L I M I N A T I O N OF OFFICERS FOR L E N G T H OF SERVICE

SEC. 327. (a) Unless otherwise provided by law, each Reserve officer in the grade of major general, brigadier general, or colonel in an active status who is not removed from an active status at an earlier date under other provisions of law, shall be discharged or, if he makes application therefor and is qualified, transferred to the Retired . Reserve, on that date which is thirty days after the date upon which he completes thirty-five, thirty, or thirty total years of service, respectively, or on the fifth anniversary of the date of his appointment in that grade, whichever is later. (b) Unless otherwise provided by law, each Reserve officer in the grade of first lieutenant, captain, major, or lieutenant colonel in an active status who is not removed from an active status at an earlier date under other provisions of law, shall be discharged or, if he makes application therefor and is qualified, transferred to the Retired Reserve, on that date which is thirty days after the date upon which he completes twenty-eight total years of service. (c) Each Reserve officer in the grade of brigadier general, colonel, or lieutenant colonel who has been recommended for promotion before the time he otherwise would be removed from an active status under (a) or (b) shall be retained in an active status until appointed or refused appointment in the next higher grade and if so appointed his removal from an active status shall be governed by the provisions of (a) for the grade of major general, brigadier general, or colonel, respectively.

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