Page:United States Statutes at Large Volume 69.djvu/263

 69

STAT.]

PUBLIC LAW 115-JUNE 30, 1955

being twice passed over for promotion to the grade of captain, major, or lieutenant colonel. "SEC. 528. Notwithstanding section 701 of this Act, the Secretary is authorized to take, prior to the effective date of this Act, such administrative actions, including the convening of appropriate selection boards, as may be necessary to insure that the Act may be implemented upon its effective date." SEC. 5. (a) Section 606(b) of the Keserve Officer Personnel Act is amended by adding at the end thereof the following new paragraph: "(4) If a running mate is retarded in rate of promotion or has attained the highest rank to which he may be promoted, the new running mate shall be the officer of the Regular Coast Guard who is next senior to the old running mate, exclusive of extra numbers, or if there be no such Regular officer then the Regular officer of the same grade who is next eligible for promotion. An officer shall be considered to have been retarded when another officer in his grade junior to him is eligible for promotion ahead of him. If subsequently the old running mate is promoted and is restored to the precedence he would have held but for the retardation, he shall be reassigned as the running mate of the Reserve officer concerned." (b) Section 608 of such Act is amended by striking out "and shall be allowed the pay and allowances of the higher grade for duty performed from the date his running mate became entitled to such pay and allowances" and insert in lieu thereof "and a Reserve officer so promoted shall be allowed pay and allowances of the higher grade for duty performed from the date of his appointment thereto". (c) Title 6 of such Act is amended by adding at the end thereof the following new section: "SEC. 619, Officers who, prior to July 1, 1955, were selected for promotion under appropriate regulations may be promoted under the authority of this Act with precedence and entitlement to pay and allowances as prescribed by this Act.". SEC. 6. Subsection 302(f)(1) is amended to read as follows: " (f) 'Promotion service' means the aggregate of the following: " (1) Any period an officer has held, or is credited by the Secretary with having held, a permanent appointment in his current grade in the Army or, in the discretion of the Secretary any other armed force of the United States while— " (A) in an active status; or " (B) on an active list of a regular component; "(2) JFor an officer who was on active duty prior to September 3, 1945, any period served on active duty prior to January 1, 1949, in the Army or, in the discretion of the Secretary, any other armed force of the United States while in a temporary grade equal to or higher than his current grade; and " (3) Any period credited under section 305(b). No period may be counted twice as promotion service. For a person credited with service under section 201 or subsection 305(c) or (d), no period prior to appointment or transfer may be counted under (1) or (2) as promotion service." SEC. 7. Section 303 is amended by adding the following new subsections: "(f) The promotion of a Reserve officer under investigation or against whom proceedings of a court-martial or board of officers are pending may be delayed by the Secretary until such investigation or proceedings are completed. " (g) Based on the results of an investigation or the proceedings of a court-martial or board of officers, the Secretary may remove from the recommended list the name of any officer who in his opinion is not

221

68 Stat. 1188. 50 USC 1 1 8 1 note.

50 USC 1386. Running mates,

SO u s e 1388.

50 USC et aeq.

138 1

50 USC 1222.

SO u s e 1225. Ante, p. 218.

50 USC 1223. Promotion while under investigation.

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