Page:United States Statutes at Large Volume 72 Part 1.djvu/1579

 72 S T A T. ]

PUBLIC LAW 86-861-8EPT. 2, 1968

"(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 Air Force, be retained in an active status, but not later than 30 days after she completes 30 years of service computed under section 8853 of this title. excessive number "Whenever the Secretary of the Air Force 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 8863 of this title or at least 20 years of service computed under section 1332 of this title, he may convene a board to consider all reserve officers in an active status in that grade who have that amount of service. 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; "(2) transfer him to an inactive status, if he is qualified; or "(3) discharge him from his reserve appointment. "§ 8851. Thirty years or five years in grade: reserve colonels and brigadier generals "(a) After June 30, 1960, each officer in an active status in the reserve grade of lieutenant colonel whose name is on a recommended list for promotion to the reserve grade of colonel, each officer in an active status in the reserve grade of colonel, and each officer in an active status in the reserve grade of brigadier general whose name is not on a recommended list for promotion to the reserve grade of major general, shall, 30 days after he completes 30 years of service computed under section 8853 of this title or on the fifth anniversary of the date of his appointment in the grade in which he is serving, 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. " (b) Notwithstanding subsection (a), an officer in the reserve grade of brigadier general who would otherwise be removed from an active status under this section may, in the discretion of the Secretary of the Air Force, be retained in an active status, but not later than the date on which he becomes 60 years of age. Not more than 10 officers may be retained under this subsection at any one time. "§8852. Thirty-five years or five years in grade: reserve major generals "(a) After.Tune 30, 1960, each officer in an active status in the reserve grade of major general, and each officer in an active status in the reserve grade of brigadier general who is on a recommended list for promotion to the reserve grade of major general, shall, 30 days after he completes 35 years of service computed under section 8853 of this title or on the fifth anniversary of the date of his appointment in the grade in which he is serving, 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 disrharyed from his reserve appointment. "(b) Notwithstanding subsection (a), an officer in the reserve grade of major general who would otherwise be removed from an active status under this section may, in the discretion of the Secretary of the
 * § 8850. Thirty years or more: reserve commissioned officers;

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