Page:United States Statutes at Large Volume 72 Part 1.djvu/1527

 72

STAT.]

PUBLIC LAW 85-861-SEPT. 2, 1958

majors, and lieutenant colonels " (a) After July 1, 1960, each officer in an active status in the reser* a grade of first lieutenant, captain, major, or lieutenant colonel shall, 30 days after he completes 28 years of service computed under section 3853 of this title— "(1) be transferred to the Retired Reserve, if he is qualified and applies therefor; or "(2) if he is not qualified or does not apply therefor, be discharged from his reserve appointment. "(b) Each officer in the reserve grade of lieutenant colonel who has been recommended for promotion, and who would otherwise be removed from an active status under this section, shall be retained in that status until he is appointed or is refused appointment to the next higher grade. "(c) Notwithstanding subsections (a) and (b), the Secretary of the Army may authorize the retention in an active status until age 60 of any officer of the Army National Guard of the United States who would otherwise be removed from an active status under this section and who is assigned to a headquarters or headquarters detachment of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia. "§3849. Twenty-eight years: Women's Army Corps lieutenant colonels " (a) After July 1, 1960, each officer in an active status in the reserve grade of lieutenant colonel who is assigned to the Women's Army Corps, and each officer in the reserve grade of major who is assigned to the Women's Army Corps and who has been recommended for promotion to the reserve grade of lieutenant colonel and has remained in an active status since that recommendation, shall, 30 days after she completes 28 years of service computed under section 3853 of this title— "(1) be transferred to the Retired Reserve, if she is qualified and applies therefor; or "(2) if she is not qualified or does not apply therefor, be discharged from her reserve appointment. " (b) Notwithstanding subsection (a), an officer who would otherwise be removed from an active status under this section may, in the discretion of the Secretary of the Army, be retained in an active status, but not later than 30 days after she completes 30 years of service computed under section 3853 of this title. "§3850. Thirty years or more: reserve commissioned officers; excessive number "Whenever the Secretary of the Army believes that there are too many commissioned officers in an active status, in any reserve grade, who have at least 30 years of service computed under section 3853 of this title or at least 20 years of service computed under section 1332 of this title, he shall convene a board to consider all officers in an active status in that grade who have that amount of service and who are not assigned to a unit organized to serve as a unit. The board shall recommend officers by name for removal from an active status, in the number specified by the Secretary. In the case of an officer so recommended, the Secretary may— "(1) transfer him to the Retired Reserve, if he is qualified and applies therefor; or " (2) if he is not qualified or does not apply therefor, discharge him from his reserve appointment.
 * §3848. Twenty-eight years: reserve first lieutenants^ captains,

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lo use 1332.

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