Page:United States Statutes at Large Volume 69.djvu/261

 69

STAT.]

219

PUBLIC LAW 115-JUNE 30, 1955

(d) Section 405(d) of such Act is amended by adding at the end thereof the following new sentence: "An officer Avhose name is so withheld from consideration from two selection boards for promotion to the same next higher grade shall be deemed to have failed twice of selection. An officer who has met all requirements for eligibility for consideration but whose name is omitted by administrative error from the list of officers furnished a selection board, shall be considered not to have failed of selection by that board and if selected by the next selection board to consider for promotion officers of the same grade he shall be entitled to the same date of rank and to pay and allowances of the higlier grade for duty performed from the same date as if he had been selected by the board from which his name was withheld by error." (e) Title IV of such Act is amended by adding at the end thereof the following new section: "SEC. 414. Officers who prior to July 1, 1955, were selected for promotion under appropriate Naval and Marine Corps regulations promulgated pursuant to subsection 216(a) of the Armed Forces Reserve Act of 1952, as amended, may be promoted under the authority of this Act with precedence and entitlement to pay and allowances as prescribed by this Act." SEC. 4. (a) Section 501(b)(1) of the Reserve Officer Personnel Act of 1954 is amended to read as follows: "(1) 'Promotion service' means— " (A) service in an active status in current grade; and " (B) all service in an active status subsequent to June 25, 1950, and prior to the effective date of this Act (i) during which an officer was eligible for permanent promotion on the basis of service in a higher temporary grade, (ii) in an equivalent-or higher permanent grade in the same or another service, including service in a federally recognized commissioned status in the Army and Air National Gruard, except that any such service authorized under this subparagraph shall be counted but once for promotion purposes." (b) Section 502 of such Act is amended by adding at the end thereof the following new subsection: " (d) To carry out the provisions of this title a promotion may be made effective before, on, or after the date accomplished, and the officer shall be entitled to pay, allowance, and benefits authorized by law for the higher grade from such effective date unless expressly provided otherwise in this Act." (c) Section 504(a)(2)(B) of such Act is amended by striking out "longest service as a commissioned officer (including service in the federally recognized National Guard or in a federally recognized status therein prior to 1933)" and inserting in lieu thereof "greatest number of total years of service". (d) Section 506 of such Act is amended (1) by striking out subsection (a) thereof, and (2) by striking out " (b) " and inserting in lieu thereof " (a) ". (e) The last sentence of section 508(c) of such Act is amended by inserting after the word "sections" the following: "502 (d), 511 (f) Section 509 of such Act is amended (1) by striking out in subsection (a) thereof "subsection (b) " and inserting in lieu thereof "subsections (b) and (c)", and (2) by adding at the end thereof the following new subsection: "(c) Whenever the Secretary determines that there are vacancies in the permanent grade of first lieutenant. Reserve officers in the grade of second lieutenant under regulations prescribed by the Secretary,

50 USC 1305. Withholding nairie from consldemtion.

50 USC 1301 et aeq.

66 Stat. 4 8 6. 50 USC 936.

50 USC 1331.

50 USC 1332.

50 USC 1334.

50 USC 1336.

50 USC 1338.

50 USC 1339.

V a c a n c i e s in E^ade of first lieutenant.

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