Page:United States Statutes at Large Volume 94 Part 3.djvu/254

 94 STAT. 2898

Ante, p. 2842.

Temporary promotion.

Appointment, termination.

Authority termination.

PUBLIC LAW 96-513—DEC. 12, 1980

regard to other promotions or appointments, or abridge the rights or benefits of the officer. "(2) For the purposes of section 523 of this title, an officer holding an appointment under this section is considered as serving in the grade of lieutenant commander. "(c) A temporary promotion under this section may be made only upon the recommendation of a board of officers convened by the Secretary of the Navy for the purpose of recommending officers for such promotions. "(d) Each appointment under this section, unless expressly declined, is, without formal acceptance, regarded as accepted on the date such appointment is made, and a member so appointed is entitled to the pay and allowances of the grade of lieutenant commander from the date the appointment is made. "(e) Unless sooner terminated, an appointment under this section terminates— "(1) on the date the officer who received the appointment is promoted to the permanent grade of lieutenant commander; or "(2) on the date the officer is detached from a position described in subsection (a)(2), unless the officer is on a promotion list to the permanent grade of lieutenant commander, in which case the appointment terminates on the date the officer is promoted to that grade. "(f) The authority to make appointments under this section terminates on September 30, 1983.". REPEAL OF SECTIONS RELATING TO INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

SEC. 335. The following sections of chapter 573 are repealed: sections 6371, 6372, 6373, 6374, 6376, 6377, 6378, 6379, 6380, 6381, 6382, 6384, 6385, 6386, 6387, 6388, 6390, 6392, 6394, 6395, 6396, 6398, 6400,6401,6402, and 6407. RETIREMENT OR DISCHARGE OF REGULAR LIMITED DUTY OFFICERS

10 USC 6383.

SEC. 336. (a) Subsection (a) of section 6383, relating to retirement and discharge of officers designated for limited duty, is amended by striking out "Each officer designated for limited duty on the active list of the Navy or Marine Corps" and inserting in lieu thereof "Except as provided in subsection (i), each regular officer of the Navy or Marine (3orps designated for limited duty", (b) Subsection (b) of such section is amended to read as follows: "(ID) Except as provided in subsection (i), each regular officer on the active-duty list of the Navy serving in the grade of lieutenant commander who is an officer designated for limited duty, and each regular officer on the active-duty list of the Marine Corps serving in the grade of major who is an officer designated for limited duty, who is considered as having failed of selection for promotion to the grade of commander or lieutenant colonel, respectively, for the second time and whose name is not on a promotion list shall be retired, if eligible to retire, or be discharged on the date requested by the officer and approved by the Secretary of the Navy, but not later than the first day of the seventh calendar month beginning after the month in which the President approves the report of the selection board in which the officer is considered as having failed of selection for promotion to the grade of commander or lieutenant colonel for the second time.".

�