Page:United States Statutes at Large Volume 94 Part 3.djvu/299

 PUBLIC LAW 96-513—DEC. 12, 1980

94 STAT. 2943

RESERVE OFFICERS TWICE FAILED OF SELECTION FOR PROMOTION

SEC. 606. An officer of the Army or Air Force who on the day before 10 USC 611 note, the effective date of this Act— (1) was on active duty and subject to placement on the activeduty list of his armed force; and (2) held the reserve grade of first lieutenant, captain, or major; and (3) was considered to have twice failed of selection for promotion to the next higher reserve grade, shall be governed by section 3846 or 8846, as appropriate, of title 10, United States Code, as a deferred officer. ENTITLEMENT TO SEVERANCE PAY OR SEPARATION PAY OF OFFICERS SEPARATED OR DISCHARGED PURSUANT TO THIS PART

SEC. 607, (a) An officer who is discharged in accordance with section 603(b)(2) or 604 is entitled, at his election, to— (1) the severance pay to which he would have been entitled under the laws in effect before the effective date of this Act; or (2) separation pay, if eligible therefor, under section 1174(a) of title 10, United States Code, as added by this Act. (b) An officer who is separated in accordance with section 605(b)(3) or 606 is entitled, at his election, to— (1) readjustment pay under section 687 of title 10, United States Code, as in effect on the day before the effective date of this Act; or (2) separation pay, if eligible therefor, under section 1174(c) of title 10, United States Code, as added by this Act.

10 USC 611 note.

Ante, p. 2870.

A.nte, p. 2870. Ante, p. 2870.

SPECIAL TENURE PROVISIONS FOR OFFICERS SERVING IN TEMPORARY GRADES OF BRIGADIER GENERAL AND MAJOR GENERAL

SEC. 608. (a) Notwithstanding section 635 or 636 of title 10, United States Code, as added by this Act, but subject to subsection (b), a regular officer of the Army or Air Force— (1) who on the effective date of this Act is serving in the temporary grade of brigadier genergd or major general; (2) whose regular grade on such date is below such temporary grade; and (3) who is promoted pursuant to section 601(a) to the regular grade equivalent to such temporary grade, shall be subject to mandatory retirement for years of service in accordance with the laws applicable on the day before the effective date of this Act to officers in the permanent grade he held on such date. However, such an officer shall not be subject to a mandatory retirement date which is earlier than the first day of the month following the month of the thirtieth day after he completes 30 years of service as computed under section 3927(a) or 8927(a), as appropriate, of title 10, United States Code, as in effect on the day before the effective date of this Act. (b)(1) The Secretary of the Army or the Secretary of the Air Force, as appropriate, may convene selection boards under this section for the purpose of recommending from among officers described in subsection (a) officers to be selected to be subject to mandatory retirement for years of service in accordance with the laws applicable on the day before the effective date of this Act to officers in the permanent grade to which such officers were promoted pursuant to

10 USC 611 note. Ante, p. 2863.

Ante, p. 2849.

Ante, p. 2886.

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