Page:United States Statutes at Large Volume 94 Part 3.djvu/224

 94 STAT. 2868

PUBLIC LAW 96-513—DEC. 12, 1980 eligible for consideration for promotion to the next higher grade in the promotion zone. "(2) 'Officers above the promotion zone' means a group of officers on an active-duty list in the same grade and competitive category who— "(A) are eligible for consideration for promotion to the next higher grade; "(B) are in the same grade as those officers in the promotion zone for that competitive category; and "(C) are senior to the senior officer in the promotion zone for that competitive category. "(3) 'Officers below the promotion zone' means a group of officers on the active-duty list in the same grade and competitive category who— "(A) are eligible for consideration for promotion to the next higher grade; "(B) are in the same grade as the officers in the promotion zone for that competitive category; and "(C) are junior to the junior officer in the promotion zone for that competitive category.".

AUTHORITY TO ORDER RETIRED MEMBERS OF REGULAR COMPONENTS TO ACTIVE D U T Y; G R A D E IN WHICH RESERVE OFFICERS ORDERED TO ACTIVE D U T Y

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SEC. 106. Chapter 39, relating to service on active duty, is amended by adding at the end thereof the following new sections: Active duty.


 * '§ 688. Regular components: retired members

10 USC 688.

"(a) Under regulations prescribed by the Secretary of Defense, a retired member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps may be ordered to active duty by the Secretary of the military department concerned at any time. The Secretary concerned may, to the extent consistent with other provisions of law, assign a member ordered to active duty under this section to such duties as the Secretary considers necessary in the interests of national defense. "Ob) A retired member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps who, while on active duty, is promoted to a grade that is higher than his retired grade is entitled, upon his release from that tour of active duty, to placement on the retired list in the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the military department concerned, for not less than six months. "(c) Except in time of war, or of national emergency declared by the Congress or the President after November 30, 1980, not more than fifteen retired general officers of the Army, Air Force, or Marine Corps, and not more than fifteen retired flag officers of the Navy, may be on active duty at any one time. For the purposes of this subsection a retired officer ordered to active duty for a period of sixty days or less is not counted. "A reserve officer who is ordered to active duty shall be ordered to active duty in his reserve grade.".
 * § 689. Reserve officers: grade in which ordered to active duty

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