Page:United States Statutes at Large Volume 94 Part 3.djvu/205

 PUBLIC LAW 96-513—DEC. 12, 1980

94 STAT. 2849

TEMPORARY APPOINTMENTS IN OFFICER GRADES AND PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST

SEC. 105. Part II of subtitle A is amended by redesignating chapter 10 USC prec. 591. 35 as chapter 34 and by inserting after such chapter the following new chapters: "CHAPTER 35—TEMPORARY APPOINTMENTS IN OFFICER GRADES "Sec. "601. Positions of importance and responsibility: generals and lieutenant generals; admirals and vice admirals. "602. Warrant officers: temporary promotions. "603. Commissioned officer grades: time of war or national emergency.

"§601. Positions of importance and responsibility: generals and lieutenant generals; admirals and vice admirals "(a) The President may designate positions of importance and responsibility to carry the grade of general or admiral or lieutenant general or vice admiral. The President may assign to any such position an officer of the Army, Navy, Air Force, or Marine Corps who is serving on active duty in any grade above colonel or, in the case of an officer of the Navy, any grade above captain. An officer assigned to any such position has the grade specified for that position if he is appointed to that grade by the President, by and with the advice and consent of the Senate. Except as provided in subsection (b), the appointment of an officer to a grade under this section for service in a position of importance and responsibility ends on the date of the termination of the assignment of the officer to that position. "O^) If the assignment of an officer who is serving in a position designated to carry the grade of general, admiral, lieutenant general, or vice admiral is terminated— "(1) by the assignment of such officer to another position designated to carry one of those grades, such officer shall hold, during the period beginning on the day of that termination and ending on the day before the day on which he assumes the other position, the grade that he held on the day before the termination; "(2) by the hospitalization of such officer, such officer shall hold, during the period beginning on the day of that termination and ending on the day he is discharged from the hospital, but not for more than 180 days, the grade that he held on the day before the termination; or "(3) by the retirement of such officer, such officer shall hold. during the period beginning on the day of that termination and ending on the day before his retirement, but not for more than 90 days, the grade that he held on the day before the termination. "(c)(1) An appointment of an officer under subsection (a) does not vacate the permanent grade held by the officer. "(2) An officer serving in a grade above major general or rear admiral who holds the permanent grade of brigadier general or commodore admiral shall be considered for promotion to the permanent grade of major general or rear admiral, as appropriate, as if he were serving in his permanent grade. "§ 602. Warrant officers: temporary promotions "A warrant officer serving on active duty in the Army, Navy, Air Force, or Marine Corps may be given a temporary appointment to a

10 USC 601.

Hospitalization,

Retirement.

Promotion,

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