Page:United States Statutes at Large Volume 94 Part 3.djvu/305

 PUBLIC LAW 96-513—DEC. 12, 1980

94 STAT. 2949

shall, for purposes of determining her eligibility for consideration for promotion to the next higher grade, be considered with those officers who are considered to have failed of selection for promotion once, or who are considered never to have failed of selection for promotion, as the case may be. (3) A female officer who is considered to have failed of selection for promotion one or more times and whose position on the active-duty list is junior to the position of any male officer who is considered to have failed of selection for promotion a fewer number of times or not at all may not derive any advantage in the selection process by virtue of such position on the active-duty list. (g) Except as provided in section 638 of title 10, United States Code, as added by this Act, a regular officer of the Navy or Marine Corps appointed under section 5590 of such title who— (1) before the effective date of this Act had not twice failed of selection for promotion to the next higher grade; and (2) is not selected for promotion to a higher regular grade on or after such effective date, may not be retired earlier than such officer would have been retired had this Act not been enacted. (h)(1) Any officer who— (A) on the effective date of this Act is a lieutenant in the Navy or a captain in the Marine Corps; (B) under section 6396(c) or 6401 of title 10, United States Code (as in effect on the day before the effective date of this Act), would have been discharged on June 30 of the fiscal year in which that officer (i) was not on a promotion list, and (ii) had completed 13 years of active commissioned service; and (C) because of the enactment of this Act, is subject to discharge under section 632 of such title because such officer has twice failed of selection for promotion, shall, if such officer has not completed 13 years of active commissioned service at the time otherwise prescribed for the discharge of such officer under such section and such officer so requests, not be discharged until June 30 of the fiscal year in which the officer completes 13 years of active commissioned service. (2) Any officer who— (A) on the effective date of this Act is a lieutenant (junior grade) in the Navy or a first lieutenant in the Marine Corps; (B) under section 6396(d) or 6402 of title 10, United States Code (as in effect on the day before the effective date of this Act), would have been discharged on June 30 of the fiscal year in which that officer (i) was not on a promotion list, and (ii) had completed 7 years of active commissioned service; and (C) because of the enactment of this Act, is subject to discharge under section 631 of such title because such officer has twice failed of selection for promotion, shall, if that officer has not completed 7 years of active commissioned service at the time otherwise prescribed for such discharge under such section and such officer so requests, not be discharged until June 30 of the fiscal year in which the officer completes 7 years of active commissioned service.

Ante, p. 2864. Ante, p. 2903.

Ante, p. 2862.

Ante, p. 2861.

LIMITED-DUTY OFFICERS

SEC. 616. An officer of the Regular Navy or Regular Marine Corps 10 USC 611 note. who on the effective date of this Act is an officer who was designated for limited duty before that date under section 5589 of title 10, United

79-194

O—81 —pt. 3

20: QL3

�