Page:United States Statutes at Large Volume 94 Part 3.djvu/226

 94 STAT. 2870

PUBLIC LAW 96-513—DEC. 12, 1980 RIGHT OF RETIRED OFFICERS TO COMMAND

SEC. 108. Chapter 43, relating to rank and command, is amended by adding at the end thereof the following new section: 10 USC 750.

"§ 750. Command: retired officers "A retired officer has no right to command except when on active duty.". SEPARATION PAY UPON INVOLUNTARY DISCHARGE OR RELEASE FROM ACTIVE DUTY

Repeal.

Infra.

Infra.

Infra. Post, p. 2918.

Repeal.

Ante, pp. 2850, 2861, 2867. Post, pp. 2898, 2932. Post, p. 2941.

Ante, pp. 2861, 2867, post, p. 2874.

SEC. 109. (a) Section 687, relating to readjustment pay for nonregulars, is repealed. (b)(1) The second sentence of section 1165, relating to separation of regular warrant officers during their probationary period, is amended to read as follows: "A warrant officer who is separated under this section is entitled, if eligible therefor, to separation pay under section 1174 or he may be enlisted under section 515 of this title. If such a warrant officer is enlisted under section 515 of this title, he is not entitled to separation pay.". (2) Section 1166(a), relating to elimination of regular warrant officers for unfitness or unsatisfactory performance, is amended— (A) by striking out "be separated with severance pay computed under section 1167(b) of this title" in the second sentence and inserting in lieu thereof a comma and the following: "if eligible therefor, be separated with separation pay under section 1174 of this title or severance pay under section 286a of title 14, as appropriate"; and (B) by inserting "separation pay or" in the third sentence after "being paid". (3) Section 1167, relating to severance pay of regular warrant officers, is repealed. (c) Chapter 59 is amended by adding at the end thereof the following new section: "§1174. Separation pay upon involuntary discharge or release from active duty "(a) A regular officer who is discharged under chapter 36 of this title (except under section 630(1)(A) or 643 of such chapter), under section 564 or 6383 of this title, or under section 603 or 604 of the Defense Officer Personnel Management Act and who has completed five or more, but less than twenty, years of active service immediately before that discharge or release is entitled to separation pay computed under subsection (d)(1). "(b) A regular commissioned officer of the Army, Navy, Air Force, or Marine Corps who is discharged under section ^630(1)(A), 643, or 1186 of this title, and a regular warrant officer of the Army, Navy, Air Force, or Marine Corps who is separated under section 1165 or 1166 of this title, who has completed five or more, but less than twenty, years of active service immediately before that discharge or separation is entitled to separation pay computed under subsection (d)(1) or (d)(2), as determined by the Secretary of the military department concerned, unless the Secretary concerned determines that the conditions under which the officer is discharged or separated do not warrant payment of such pay. "(c) A member of an armed force other than a regular member who on or after the effective date of the Defense Officer Personnel

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