Page:United States Statutes at Large Volume 72 Part 1.djvu/1528

 1486

PUBLIC LAW 85-861-SEPT. 2, 1958

[72 S T A T.

"§ 3851. Thirty years or five years in grade: reserve colonels and brigadier generals " (a) After July 1,196.0, each officer in an active status in the reserve grade of colonel or brigadier general shall, 30 days after he completes 30 years of service computed under section 3853 of this title or on the fifth anniversary of the date of his appointment in his current reserve grade, whichever is later— "(1) be transferred to the Ketired 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 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 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 whose reserve grade is colonel, 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. "§3852. Thirty-five years or five years in grade: reserve major generals "After July 1, 1960, each officer in an active status in the reserve grade of major general shall, 30 days after he completes 35 years of service computed under section 3853 of this title, or on the fifth anniversary of the date of his appointment to that grade, whichever is later— "(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. "§ 3853. Computation of years of service "For the purpose of determining whether a reserve commissioned officer may be transferred to the Retired Reserve, or discharged, under this chapter, his years of service are the greater of— "(1) the sum of (A) his years of service as a commissioned officer of any component of the armed forces or of the Army without specification of component, (B) his years of service before June 15, 1933, as a commissioned officer in the federally recognized National Guard or in a federally recognized commissioned status in the National Guard, and (C) the years of service credited to him under section 3353 of this title or section 23 of the Act enacting this section; and "(2) the number of years by which his age exceeds 25 years. No service may be counted more than once. For a person credited with service under section 3353 of this title or section 22 of the Act enacting this section, no service before appointment may be counted. "§3854. Regulations "The Secretary of the Army shall prescribe regulations to carry out this chapter."

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