Page:United States Statutes at Large Volume 94 Part 3.djvu/256

 94 STAT. 2900

Ante, p. 2851.

Ante, p. 2894.

PUBLIC LAW 96-513—DEC. 12, 1980

"(i) Under such regulations as he may prescribe, whenever the needs of the service require, the Secretary of the Navy may defer the retirement under subsection (a) or (b) of any officer designated for limited duty upon recommendation of a board of officers convened under section 611(b) of this title and with the consent of the officer concerned. An officer whose retirement is deferred under this subsection and who is not subsequently promoted may not be continued on active duty beyond 24 years active commissioned service, if in the grade of lieutenant commander or major or 28 years active commissioned service, if in the grade of commander or lieutenant colonel, or beyond age 62, whichever is earlier. "(j) This section does not apply to officers designated for limited duty under section 5596 of this title.". (i) The heading of such section is amended by striking out the penultimate and ante-penultimate words. ELIMINATION OF RESERVE OFFICERS FROM ACTIVE STATUS

10 USC 6389.

SEC. 337. (a)(1) Subsection (b) of section 6389, relating to elimination of reserve officers from active status, is amended by inserting "or (f)" in the first sentence after "subsection (a)". (2) The second sentence of subsection (d) of such section is amended to read as follows: "Each other officer is considered to have for this purpose as much total commissioned service as the years of active commissioned service of any regular officer on the active-duty list of the Navy not restricted in the performance of duty, or any regular officer on the active-duty list of the Marine Corps not restricted in the performance of duty, as appropriate, who has served continuously since original appointment as an ensign on the active-duty list of the Navy or as a second lieutenant on the active-duty list of the Marine Corps, has not lost numbers or precedence, and is, or has been after September 6, 1947, junior to that other officer.". (3) Subsection (e) of such section is amended to read as follows: "(e) This section does not apply to women reserve officers or to reserve officers in the Nurse Corps.". (4) Such section is amended by adding at the end thereof the following new subsection: "(f)(1) Each officer of the Naval Reserve in an active status in the permanent grade of commodore admiral and each officer of the Marine Corps Reserve in an active status in the permanent grade of brigadier general shall, 30 days after he completes 30 years of service computed under subsection (d), or on the fifth anniversary of the date of his appointment to that grade, whichever is later— "(A) be transferred to the Retired Reserve, if he is qualified and applies therefor, or "(B) if he is not qualified or does not apply therefor, be discharged from his reserve component. An officer who has been recommended for promotion, and who would otherwise be removed from an active status under this section, shall be retained in that status until he is appointed or refused appointment to the next higher grade. "(2) Each officer of the Naval Reserve in an active status in the permanent grade of rear admiral and each officer of the Marine Corps Reserve in an active status in the permanent grade of major general shall, 30 days after he completes 35 years of service computed under subsection (d), or on the fifth anniversary of the date of his appointment to that grade, whichever is later—

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