Page:United States Statutes at Large Volume 68 Part 1.djvu/194

 162

PUBLIC LAW 379-MAY 29, 1954

[68 S T A T.

such time as may be prescribed by the Secretary, fails to meet such moral and professional qualifications as the Secretary may have prescribed under section 7 of this Act, shall not be appointed to that higher grade and his case shall be governed by section 13 of this Act as if he had twice failed of selection for promotion. FAILURE OF SELECTION FOR PROMOTION

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SEC. 13. (a) Unless otherwise retired or separated under any law, each permanent warrant officer of the regular service who has twice failed of selection for promotion to the next higher permanent warrant officer grade under this Act, shall— (1) if on the date of his second failure of selection for promotion he has completed less than eighteen years of active service, have his appointment as a permanent warrant officer in the regular service terminated and be separated on that date which is sixty days after the date of his second failure of selection for promotion, and unless— (A) upon his application and in the discretion of the Secretary, he is enlisted in such grade as the Secretary may direct, or (B) if serving on active duty as a commissioned officer, he elects, with the consent of the Secretary, to remain on active duty in his officer status; be entitled to severance pay under section 16 of this Act; (2) if on the date of his second failure of selection for promotion he has completed not less than eighteen nor more than twenty years' active service, be retired on that date which is sixty days after the date on which he completes twenty years' active service, if he has not by that time been selected for promotion to the next higher grade, and be entitled to retired pay under section 14 (d) of this Act; or (3) if on the date of his second failure of selection for promotion he has completed more than twenty years' active service, be retired on that date which is sixty days after the date of his second failure of selection and be entitled to retired pay under section 14(d) of this Act. (b) Retirement under clause (2) or (3) of subsection (a) of this section, may, in the discretion of the Secretary in the case of a permanent warrant officer who is serving on active duty as a commissioned officer and elects to remain on active duty as a commissioned officer, be deferred until such date as the Secretary may prescribe. (c) Upon retirement or separation under subsection (a) of this section, any permanent warrant officer who holds a commission as an officer shall have that commission terminated on the date of such retirement or separation. RETIREMENT OF WARRANT OFFICERS

SEC. 14. (a) Any warrant officer who has completed not less than twenty years' active service may, upon application and in the discretion of the Secretary, be retired and shall be entitled to receive retired pay computed under subsection (d) of this section. (b) Except as otherwise provided in paragraphs (1), (2), and (3) of this subsection, any permanent warrant officer of the regular service who, having completed not less than twenty years of active service, has attained the age of sixty-two, shall be retired on that date which is sixty days after the date on which he attains that age and shall be entitled to receive retired pay computed under subsection (d) of this section—T

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