Page:United States Statutes at Large Volume 94 Part 3.djvu/255

 PUBLIC LAW 96-513—DEC. 12, 1980

94 STAT. 2899

(c) Subsection (c)(1) of such section is amended by striking out "in which he was serving at the time of retirement" and inserting in lieu thereof "determined under section 1370 of this title". (d) Subsections (d) and (e) of such section are amended to read as follows: "(d) Each regular officer on the active-duty list of the Navy serving in the grade of lieutenant 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 captain who is an officer designated for limited duty, who is considered as having failed of selection for promotion to the grade of lieutenant commander or major for the second time and whose name is not on a list of officers recommended for promotion shall be honorably 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 lieutensmt commander or major for the second time. "(e)(1) Each regular officer on the active-duty list of the Navy serving in the grade of lieutenant (junior grade) who is an officer designated for limited duty, and each regular officer on the activeduty list of the Marine Corps serving in the grade of first lieutenant who is an officer designated for limited duty, who is considered as having failed of selection for promotion to the grade of lieutenant (in the case of an officer of the Navy) or captain (in the case of an officer of the Marine Corps) for the second time shall be honorably 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 lieutenant or captain, respectively, for the second time. "(2) Each regular officer on the active-duty list of the Navy serving in the grade of ensign 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 second lieutenant who is an officer designated for limited duty, who is found not qualified for promotion to the grade of lieutenant O'unior grade) (in the case of an officer of the Navy) or first lieutenant (in the case of an officer of the Marine Corps) shall be honorably 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 officer was found not qualified for promotion.". (e) Subsection (f) of such section is repealed. (f) Subsection (g) of such section is redesignated as subsection (f) and is amended— (1) by striking out "retirement or discharge under subsections (b), (d)," in the first sentence and inserting in lieu thereof "discharge under subsection (d)"; and (2) by striking out "retired or" in the first and second sentences. (g) Subsection (h) of such section is redesignated as subsection (g). (h) Such section is further amended by adding at the end thereof the following new subsections: "(h) An officer discharged under this section is entitled, if eligible therefor, to separation pay under section 1174(a) of this title.

Ante, p. 2876.

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Repeal.

Separation pay. Ante, p 2870.

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