Page:United States Statutes at Large Volume 77.djvu/224

 192

75 Stat. 810.

PUBLIC LAW 88-130-SEPT. 24, 1963

[77 STAT.

(i) A board convened under this section shall recommend for continuation on active duty those officers in the zone whom the board considers best qualified for continuation. (j) A board convened under this section shall submit its report to the Secretary. If the board has acted contrary to law or regulation, the Secretary may return the report for proceedings in revision and resubmission to the Secretary. After his final review the Secretary shall submit the report of the board to the President for his approval. Upon approval by the President, the names of the officers selected for continuation on active duty by the board shall be promptly disseminated to the service at large. Except as required by the procedures of this section, the proceedings of the board shall not be disclosed to any person not a member of the board. (k) The Secretary shall prescribe regulations governing the detailed procedure whereby officers in a designated zone will be selected for continuation on active duty. (1) Each officer who is considered for continuation on active duty under this section and who is not recommended for continuation in the approved report of the board shall not thereafter be eligible for promotion and, unless earlier retired under some other provision of law, shall be retired on June 30 of the fiscal year in which the report of the board is approved, or on the last day of the month in which he completes twenty years of active service, whichever is later. (m) Each officer who is retired under this section shall be paid, in addition to his retired pay, a lump-sum payment of $2,000, effective on the date of his retirement. (n) An officer whose retirement is required under this section shall be considered for the purposes of subsection (m) of this section as being retired under this section if the officer retires voluntarily prior to the date specified for his retirement under this section. (o) Notwithstanding subsection (1) above, no officer shall be retired under this section until the last day of the sixth month following the month in which the report of the board which considered him is approved. (p) Notwithstanding the provisions of subsection (1) of this section, any officer who has failed of selection for continuation may, at his own request, and with the approval of the Secretary, at any time prior to completion of twenty years of active service, be honorably flischarged with severance pay computed in accordance with section 286 of title 14, United States Code. (q) Notwithstanding section 1431 of title 10, United States Code, an original election, change, or revocation of an election made under that section by an officer who— (1) is considered for continuation on active duty under this section, and (2) is not recommended for continuation, and (3) either retires under this section, or voluntarily retires under another provision of law before the date specified for his retirement under this section, is effective if such original election, change, or revocation is made prior to the convening date of the board which considers him. REPEALS

SEC. 4. (a) Sections 435, 436, 437, 439, and 440 of title 14, United States Code, are repealed. 14 USC 435 note. (b) The Act of September 21, 1961 (75 Stat. 538), is repealed.

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