Page:United States Statutes at Large Volume 94 Part 3.djvu/297

 PUBLIC LAW 96-513—DEC. 12, 1980

94 STAT. 2941

paragraph (I)(A) who is promoted to the grade to which he is considered under such paragraph to have been recommended for promotion is the date of his temporary appointment in that grade, (b) A reserve officer of the Army or Air Force who on the effective date of this Act— (1) is subject to placement on the active-duty list of his armed force; (2) is serving on active duty in a temporary grade; and (3) holds a reserve grade higher than the temporary grade in which he is serving, shall while continuing on active duty retain such temporary grade and shall be considered for promotion under chapter 36 of title 10, United States Code, as added by this Act, to a grade equal to or lower Ante, p. 2850. than his reserve grade as if such temporary grade is a permanent grade. If such officer is recommended for promotion under such chapter to such a grade, his appointment to such grade shall be a temporary appointment. REGULAR OFFICERS ONCE FAILED OF SELECTION FOR PROMOTION

SEC. 603. (a) An officer of the Army or Air Force who on the effective date of this Act— (1) holds the regular grade of first lieutenant, captain, or major; and (2) has been considered once but not recommended for promotion to the next higher regular grade by a selection board convened under the laws in effect on the day before the effective date of this Act, shall, within one year after the effective date of this Act, be considered for promotion to the next higher regular grade by a selection board convened by the Secretary concerned under the laws in effect on the day before the effective date of this Act. (b)(l)(A) An officer described in subsection (a) who is recommended for promotion by the selection board which considers him pursuant to such subsection shall be considered to have been recommended for promotion to the next higher regular grade or the grade in which he is serving, whichever grade is higher, by a board convened under section 611(a) of title 10, United States Code, as added by this Act. Notwithstanding section 741(d) of title 10, United States Code, as added by this Act, the date of rank of an officer referred to in the preceding sentence who was serving in the temporary grade equivalent to the grade to which he is considered to have been recommended for promotion and who is promoted to that grade is the date of his temporary appointment in that grade. (2) An officer described in subsection (a) who is not recommended for promotion by such board shall, unless continued on active duty under section 637 of such title, as added by this Act, be retired, if eligible to retire, be discharged, or be continued on active duty until eligible to retire and then be retired, under the laws applicable on the day before the effective date of this Act.

10 USC 611 note.

Ante, p. 2851. Ante, p. 2869.

Ante, p. 2863.

REGULAR OFFICERS TWICE FAILED OF SELECTION FOR PROMOTION

SEC. 604. An officer of the Army or Air Force who on the day before 10 USC 611 note. the effective date of this Act— (1) holds the regular grade of first lieutenant, captain, or major; and

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