Page:United States Statutes at Large Volume 94 Part 3.djvu/223

 PUBLIC LAW 96-513—DEC. 12, 1980

94 STAT. 2867

"§ 642. Entitlement of officers discharged or retired under this 10 USC 642. chapter to separation pay or retired pay "(a) An officer who is discharged under this chapter is entitled, if eligible therefor, to separation pay under section 1174 of this title. Post, p. 2870. "(b) An officer who is retired under this chapter is entitled to retired pay computed under chapter 71 of this title. 10 USC 1401 et "§643. Chaplains: discharge or retirement upon loss of professional qualifications "Under regulations prescribed by the Secretary of Defense, a commissioned officer on the active-duty list of the Army, Navy, or Air Force who is appointed or designated as a chaplain may, if he fails to maintain the qualifications needed to perform his professional function, be discharged or, if eligible for retirement, may be retired. "§ 644. Authority to suspend officer personnel laws War or national emergency. "In time of war, or of national emergency declared by Congress or the President after November 30, 1980, the President may suspend the operation of any provision of this chapter or of any other law relating to the promotion, involuntary retirement, or separation of commissioned officers of the Army, Navy, Air Force, or Marine Corps. So long as such war or national emergency continues, any such suspension may be extended by the President. Any such suspension shall, if not sooner ended, end on the last day of the two-year period beginning on the date on which the suspension (or the last extension thereof) takes effect or on the last day of the one-year period beginning on the date of the termination of the war or national emergency, whichever occurs first. With respect to the end of any such suspension, the preceding sentence supersedes the provisions of title II of the National Emergencies Act (50 U.S.C. 1621-1622) which provide that powers or authorities exercised by reason of a national emergency shall cease to be exercised after the date of the termination of the emergency. "§645. Definitions "In this chapter: "(1) 'Promotion zone' means a promotion eligibility category consisting of the officers on an active-duty list in the same grade and competitive category— "(A) who— "(i) in the case of officers in grades below colonel, for officers of the Army, Air Force, and Marine Corps, or captain, for officers of the Navy, have neither (I) failed of selection for promotion to the next higher grade, nor (II) been removed from a list of officers recommended for promotion to that grade; or "(ii) in the case of officers in the grade of colonel or brigadier general, for officers of the Army, Air Force, and Marine Corps, or captain or commodore admiral, for officers of the Navy, have neither (I) not been recommended for promotion to the next higher grade when considered in the promotion zone, nor (II) been removed from a list of officers recommended for promotion to that grade; and "(B) are senior to the officer designated by the Secretary of the military department concerned to be the junior officer

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