Page:United States Statutes at Large Volume 68 Part 1.djvu/1195

 68 S T A T. ]

P U B U C LAW 773-SEPT. 3, 1954

1163

(d)(1) Each Reserve officer in grade of lieutenant colonel assigned in the Women's Army Corps who is not removed from an active status at an earlier date under other provisions of law, shall be discharged or, if she makes application therefor and is qualified, be transferred to the Retired Reserve, on that date which is thirty days after the date upon which she completes twenty-eight total years of service. However, any such officer may, in the discretion of the Secretary, be retained in an active status but not later than that date which is thirty days after the date upon which she completes thirty total years of service. (2) Each Reserve officer in grade of major assigned in Women's Army Corps who is not removed from an active status at an earlier date under other provisions of law, shall be discharged or, if she makes application therefor and is qualified, be transferred to the Retired Reserve, on that date which is thirty days after the date upon which she completes twenty-five total years of service. However, any such officer who at that time has been recommended for promotion to the next higher grade and has remained in an active status since the recommendation shall be governed by the provisions of paragraph (1) of this subsection. (e) The foregoing subsections shall be effective after that date which is five years after the effective date of this Act. RETENTION OF O m C E R S WITH CERTAIN SATISFACTORY FEDERAL SERVICE

SEC. 328. Any person who is a Reserve officer on the effective date of this Act who upon reaching the ages prescribed in section 326 for the five years following the effective date of this Act has not been earlier removed from an active status at an earlier date and has not completed twenty years of satisfactory Federal service under title III, Army and Air Force Vitalization and Equalization Act of 1948 (62 Stat. ^JJ^ "sc lose et 1087), but who could complete twenty years of such satisfactory Fed- seq. eral service prior to reaching age sixty may be retained in an active status until he completes twenty years of satisfactory Federal service or fails to perform a year of satisfactory Federal service, whichever occurs earlier. DISPOSITION OF GENERAL OFFICERS UPON CEASING TO OCCUPY POSITION

SEC. 329. When a Reserve officer in a grade above colonel ceases to occupy a position commensurate with his grade or a higher grade, the Secretary shall require that one of the following actions, at the option of the officer, be taken within thirty days: (1) transfer of the officer in grade to the inactive status list of the Standby Reserve, if qualified, or, if qualified and he makes application therefor, to the Retired Reserve; or (2) discharge of the officer and, if qualified and he applies therefor, appointment of him as a Reserve officer in the grade held as a Reserve officer prior to appointment in a general officer grade; or (3) discharge of the officer if not transferred under (1) or discharged and appointed under (2). E X C E S S N U M B E R S IN GRADE

SEC. 330. Whenever the Secretary determines that there is an excessive number of Reserve officers in an active status in any grade who have completed thirty years of service or twenty* or more years of satisfactory Federal service for retirement purposes under title III of the Army and Air Force Vitalization and Retirement Equaliza-

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