Page:United States Statutes at Large Volume 72 Part 1.djvu/1595

 72 S T A T. ]

PUBLIC

LAW 86-861-8EPT. 2, 1968

appointment. Each Reserve officer initially appointed in a grade above that of ensign shall be deemed to have for these purposes, as much total commissioned service as any officer of the Regular Coast Guard who has served continuously since original appointment as ensign, has not lost numbers or precedence and who is, or shall have been, junior to such Reserve officer, except that the total commissioned service that such Reserve officer shall be deemed to have shall not be less than the actual number of years he has served in commissioned officer status above the grade of commissioned warrant officer. "(b) A Reserve officer who is eliminated from an active status under this section— "(1) shall be afforded an opportunity to request transfer to the Retired Reserve, if qualified; and "(2) if qualified, and he elects transfer to the Retired Reserve, shall be so transferred; or "(3) if not transferred to the Retired Reserve under (1) and (2) above, he shall be transferred to the Inactive Status List or discharged in the discretion of the Secretary. "(c) Notwithstanding subsection (a), a reserve commissioned officer, other than a commissioned warrant officer, who is assigned to the Selective Service System may be retained in an active status in that assignment until he becomes 60 years of age. Senate "The President may remove the name of any officer from the promotion list. An officer whose name is so removed from the promotion list, or one whose appointment to flag rank is rejected by the Senate, shall continue to be eligible for consideration for recommendation for promotion. The next ensuing selection board may recommend the officer concerned for promotion, and thereupon, with the approval of the President, the name of such officer shall be replaced on the promotion list, without prejudice by reason of its having been temporarily removed therefrom, and when promoted such officer shall take the same rank and date of rank that he would have had had his name not been so removed. If such officer is not so recommended by such next ensuing selection board or if the President shall again remove his name from the promotion list or if the Senate shall again reject his appointment, he shall be held for all purposes to have twice failed of selection for promotion. ''§ 789. Maximum ages for retention in active status "(a) A Reserve officer, if otherwise qualified, shall be transferred to the Retired Reserve on the date upon which he becomes sixty-two years of age, except that a Reserve officer initially appointed prior to January 1, 1953, at such age that completion of twenty years of satisfactory Federal service Mr retirement purposes cannot be accomplished by age sixty-two may be retained in an active status not later than the date upon which he becomes sixty-four years of age. "(b) Notwithstanding subsection (a) of this section, the Secretary may authorize such classes or categories of Reserve flag officers as he may designate to be retained in an active status not later than the date on which the officer concerned becomes sixty-four years of age. "(c) Except as provided in subsections (a) and (b) of this section, a Reserve officer snail, unless transferred to the Retired Reserve, be discharged effective upon the date he reaches sixty-two years of age.
 * § 788. Effect of removal by the President or failure of consent of

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