Page:United States Statutes at Large Volume 72 Part 1.djvu/1485

 72 S T A T. ]

PUBLIC LAW 85-86 1 - S E P T. 2, 1958

1443

Academy or in the Naval Reserve, under an appointment accepted after June 25, 1956, may not be counted in computing, for any purpose, the length of service of an officer of an armed force." '*§972. Enlisted members: required to make up time lost "An enlisted member of an armed force who— "(1) deserts; "(2) is absent from his organization, station, or duty for more than one day without proper authority, as determined by competent authority; "(3) is confined for more than one day while awaiting trial and disposition of his case, and whose conviction has become final; "(4) is confined for more than one day under a sentence that has become final; or "(5) is unable for more than one day, as determined by competent authority, to perform his duties because of intemperate use of drugs or alcoholic liquor, or because of disease or injury resulting from his misconduct; is liable, after his return to full duty, to serve for a period that, when added to the period that he served before his absence from duty, amounts to the term for which he was enlisted or inducted." (21) The analysis of subtitle A and part II of subtitle A is amended by striking out the following item: "49. Miscellaneous Prohibitions and Penalties. [No present sections]"

and inserting the following item in place thereof: "49. Miscellaneous Prohibitions and Penalties

971".

(22) Chapter 51 is amended— ioo4."^^ ^°°^' (A) by inserting the following new section after section 1001: "*§ 1002. Standards and qualifications: result of failure to comply with "(a) To be retained in an active status, a reserve commissioned officer must, in any applicable yearly period, attain the number of points under section 1332(a)(2) of this title prescribed by the Secretary lo use 1332. concerned, with the approval of the Secretary of Defense in the case of a Secretary of a military department, and must conform to such other standards and qualifications as the Secretary concerned may prescribe. The Secretary may not prescribe a minimum of more man 50 points under this subsection. "(b) Subject to section 1005 of this title, a reserve commissioned officer who fails to attain the number of points, or to conform to the standards and qualifications, prescribed in subsection (a) shall— "(1) be transferred to the Retired Reserve if he is qualified and applies therefor; "(2) if he is not qualified or does not apply for transfer to the Retired Reserve, be transferred to an inactive status, if he is qualified therefor; or "(3) if he is not transferred to the Retired Reserve or an inactive status, be discharged from his reserve appointment. "(c) This section does not apply to commissioned warrant officers or to adjutants general or assistant adjutants general of States and Territories, Puerto Rico, the Canal Zone, and the District of Columbia."; and

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