Page:United States Statutes at Large Volume 74.djvu/310

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PUBLIC LAW 86-559-JUNE 30, 1960

[74 S T A T.

(C) by amending subsection (d) to read as follows: " (d) Subject to section 3380 of this title, an officer recommended for promotion under this section may be promoted whenever there is a vacancy, but it is not mandatory that the authorized number be maintained in any grade. Each officer of the Army National Guard of the United States who is recommended for promotion under this section and who, before the date on which he would be promoted under this section, is appointed in the next higher grade to fill a vacancy in the Army National Guard and is federally recognized in that grade shall be promoted to that reserve grade effective as of the date on which he is so recognized. If he is not so appointed in the next higher grade in the Army National Guard and federally recognized in that grade, he shall, effective as of the date of the promotion under this section, have his Federal recognition terminated and be transferred to the Army Reserve. An officer of the Army National Guard of the United States may decline a promotion under this section if the governor or other appropriate authority of the State, Territory, Puerto Rico, the Canal Zone, or the commanding general of the District of Columbia National Guard, whichever is concerned, approves that action. If an officer of the Army National Guard of the United States so declines a promotion, his name shall be removed from the recommended list. Each officer of an Army Reserve unit organized to serve as a unit who is promoted under this section shall, effective as of the date of that promotion, be transferred from his unit unless upon his promotion he fills a vacancy in that unit. An officer of a unit of the Army Reserve organized to serve as a unit may decline a promotion under this section if the Secretary of the Army, or an officer designated by him, approves that action as being in the best interest of the Army. If an officer of a unit of the Army Reserve so declines a promotion, his name shall be removed from the recommended list." (16) Section 3383 is amended— (A) by striking out the words "sections 3217 and 3219" in subsection (a) and inserting the words "section 3220" in place thereof; (B) by inserting the following new sentence after the first sentence of subsection (b): "Whenever the Secretary determines that a vacancy in a reserve grade below colonel is one that may be filled by an officer of the Women's Army Corps, officers of that branch are eligible for consideration even though the vacancy is not allocated to that branch."; and (C) by adding the following new subsection at the end thereof: "(e) After July 1, 1964, no promotion may be made under this section, if that promotion would result in an excess over any grade strength authorized by section 3219 of this title." (lY) Subsections (a) and (b) of section 3389 are each amended by striking out the words "and not above colonel". (18) Section 3391 is amended to read as follows: "§3391. Commissioned officers: officers of Army Nurse Corps, Army Medical Specialist Corps, and Women's Army Corps not to be promoted above certain grades

"A reserve officer of the Army Nurse Corps or the Army Medical Specialist Corps may not be promoted to a reserve grade above colonel. A reserve officer of the Women's Army Corps may not be promoted to a reserve grade above lieutenant colonel."

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