Page:United States Statutes at Large Volume 68 Part 1.djvu/1213

 68 S T A T. ]

PUBLIC LAW 773-SEPT. 3, 1954

subsection (c) of this section, but not earlier than one year after the date on which he was previously found not qualified for Federal recognition in the higher grade. (e)(1) A deferred officer who is considered for promotion by a selection board as provided by subsection (b) of this section, and who is not recommended for promotion by that selection board, may not thereafter be considered for promotion or examined for Federal recognition, and, except as prescribed by sections 204 and 205 of this Act, shall have his Federal recognition terminated if appropriate, and shall, if qualified and if he makes application therefor, be transferred to the Retired Reserve, or if not qualified or if he does not apply, be discharged, one year and ninety days after the date on which he would have beeii promoted if he had been recommended for promotion by the first selection board which considered him. (2) A deferred officer who is considered for promotion by a'selection board or examined for Federal recognition in the next higher grade, as provided by subsection (c) or (d) of this section and who is not recommended for promotion by the selection board or who is found not qualified for Federal recognition, may not thereafter be considered lor promotion or examined for Federal recognition, and, except as prescribed by sections 204 and 205 of this Act, shall— (A) have his Federal recognition terminated, if appropriate; and (B) if qualified, be transferred upon his application to the Retired Reserve, or if not so qualified or he does not apply, be discharged, within ninety days after the date upon which the report of the selection board or Federal recognition board is approved by the Secretary. SEC. 523. (a) Each Reserve officer in a grade below major general who is not retired, transferred to the Retired Reserve, or discharged at an earlier date shall, upon his application, be transferred to the Retired Reserve if qualified, or if he is not qualified or does not apply for transfer to the Retired Reserve, be discharged, on the date upon which he becomes sixty years of age. (b) A Reserve officer in the grade of major general who is not retired, transferred to the Retired Reserve, or discharged at an earlier date shall, upon his application, be transferred to the Retired Reserve if qualified, or if he is not qualified or does not apply for transfer to the Retired Reserve, be discharged on the date upon which he becomes sixty-two years of age. (c) Notwithstanding subsections (a) and (b) of this section, an officer while holding an appointment as Chief of the National Guard Bureau may not, without his consent, be transferred to the Retired Reserve or be discharged under this section before the date upon which be becomes sixty-four years of age. Such an officer shall, upon his application, be transferred to the Retired Reserve if qualified, or if he is not qualified or does not apply for transfer to the Retired Reserve, be discharged, on the date upon which he becomes sixty-four years of age, unless he is retired, transferred to the Retired Reserve, or discharged, at an earlier date under another provision of law. (d) Each female Reserve officer designated as a nurse or woman medical specialist shall, upon her application, be transferred to the Retired Reserve if qualified, or if she is not qualified or does not apply for transfer to the Retired Reserve, be discharged, if in a grade above captain, thirty days after the date upon which she becomes fifty-five years of age, and, if in a grade below major, thirty days after the date upon which she becomes fifty years of age. For the purpose of this subsection, such an officer in the grade of captain

1181

Maximum ages,

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