Page:United States Statutes at Large Volume 69.djvu/260

 PUBLIC LAW 115-JUNE 30, 1955

218 Public Law 115 June 30, 1955 [S. 1718]

Reserve Officer Personnel Act of 1954, amendmentSa 68 Stat. 1150. SO u s e 1191. SO u s e 119S. Retention on active duty.

10 USC 10011007 passim. 34 USC 410b. f.'ST I

"Maximum age. " SO u s e 1 2 6 2 1264. SO u s e 1279. 50 USC 1273.

Promotion.

»!T i,filI5;«.

SO u s e 1302. I n c re a s e d percentages in grades.

50 USC 1303.

SO u s e 1305.

[69 S T A T. CHAPTER 247

AN ACT To provide certain clarifying and technical amendments to the Reserve Officer Personnel Act of 1954, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the second sentence of section 201 of the Reserve Officer Personnel Act of 1954 is amended by striking out the word "two" and substituting in lieu thereof the word "three". (b) Section 205 of such Act is amended by inserting at the end thereof the following new subsection: "(c)(1) A Reserve officer serving on active duty who, on the date he would otherwise be removed from active status under sections 325, 327, 411, 522, 524, or 611 of this Act, is within two years of qualifying for retirement under either title II of the Army-Air Force Vitalization and Retirement Equalization Act of 1948 (62 Stat. 1084), or section 6 of Public Law 305, of the Seventy-ninth Congress (60 Stat. 27), may, in the discretion of the Secretary, be retained on active duty for a period not to exceed two years if he will then be entitled to the benefits of such provisions of law and will not earlier attain the maximum age at which transfer from an active status or discharge is required by this Act. He shall not be removed from an active status so long as he remains on active duty. "(2) The term 'maximum age' as used in this section shall, in the case of any officer covered by sections 325 and 327 hereof, be the age authorized by the first paragraph of section 326(a) of this Act." (c) Section 339(c) of such Act is hereby repealed. SEC. 2. Section 333 of the Reserve Officer Personnel Act of 1954 is amended (1) by striking out "A Reserve" and inserting in lieu thereof " (a) Except as provided in subsection (b) hereof, a Reserve", and (2) by inserting at the end thereof the following new subsection: "(b) A Reserve officer on active duty who has not completed his period of required active duty as a member of a reserve component under any provision of law or regulations, and who is recommended or found qualified for promotion, may not be promoted until he completes that period of required active duty, or until he is temporarily promoted to that higher grade. Upon completing that period of required active duty or upon being temporarily promoted to that higher grade, he shall, if he applies therefor, be promoted, be subject to subsection (a), and be credited with the amount of promotion service in the higher grade that he would have had if he had been promoted but for the provisions of this subsection." SEC. 3. (a) The first sentence of section 402(c) is amended by changing the period at the end of the sentence to a colon and adding the following: Provided, That until July 1, 1960, the per centum in the grade of major may be 22 per centum, in the grade of captain, 45 per centum, and in the combined grades of first and second lieutenant, 25 per centum, if, in the opinion of the Secretary, such increased percentages are required to permit promotions under this title.". (b) Section 403 of such Act is amended by adding at the end thereof the following sentence: "Within the number to be selected which the Secretary may furnish to a selection board considering Naval Reserve line officers in any grade, the Secretary may further specify numbers of officers of stated qualifications and experience who are required to meet mobilization needs in the next, higher grade.". (c) The second sentence of section 405(b) of such Act is amended by striking out "ineligible" and inserting in lieu thereof "eligible". ^

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