Page:United States Statutes at Large Volume 94 Part 3.djvu/309

 PUBLIC LAW 96-513—DEC. 12, 1980

94 STAT. 2953

commander, and captain for the Navy, under section 523 of title 10, United States Code, as added by this Act, is increased by the number ^«^«. P- 2842. equal to one-half the difference between (1) the actual number of officers of that armed force serving on active duty in that grade on September 30, 1980 (excluding officers in categories specified in subsection (h) of such section), and (2) the number specified in the table contained in such section for such armed force and grade based upon the total number of commissioned officers of such armed force on active duty on September 30, 1981 (excluding officers in categories specified in subsection (b) of such section). RIGHT OF COMMISSIONED OFFICERS WITH PERMANENT ENLISTED OR WARRANT OFFICER STATUS TO RETIRE IN HIGHEST ENLISTED OR WARRANT OFFICER GRADE HELD

SEC. 628. (a) A member of the Army, Navy, Air Force, or Marine 10 USC 611 note. Corps who— (1) on the day before the effective date of this Act had a permanent status as an enlisted member or as a warrant officer (or had a statutory right to be enlisted or to be appointed as a warrant officer) and was serving as an officer under a temporary appointment; and (2) on or after the effective date of this Act and before completing 10 years of commissioned service for purposes of retirement eligibility under section 3911, 6323, or 8911 of title 10, United States Code, completes 20 years of total service, as determined under section 1405 of such title, Ante, p. 2877. is entitled to retire or transfer to the Fleet Reserve or Fleet Marine Corps Reserve in the highest grade he held as an enlisted member or a warrant officer. SAVINGS PROVISION FOR RETIRED GRADE FOR OFFICERS NOT SUBSEQUENTLY PROMOTED

SEC. 629. In applying section 1370(a)(2) of title 10, United States Code, 10 USC 6ii note. as added by this Act, to an officer of the Army, Navy, Air Force, or ^"*^' P- ^^^^• Marine Corps who was on active duty on the day before the effective date of this Act and who on or after the effective date of this Act is not promoted to a grade higher than the grade he held on the day before the effective date of this Act or, in the case of an officer who was on a list of officers recommended for promotion on such date, is not promoted to a grade higher than the grade to which he was recommended for promotion, "two years" shall be substituted for "three years". E X E M P T I O N OF CERTAIN OFFICERS FROM SELECTIVE EARLY RETIREMENT PROVISIONS

SEC. 630. An officer of the Army, Navy, Air Force, or Marine Corps 10 USC 611 note. who was recommended for continuation on the active list under the Act entitled "An Act to provide improved opportunity for promotion for certain officers in the naval service, and for other purposes", approved August 11, 1959 (Public Law 86-155; 10 U.S.C. 5701 note), or under section 10 of the Act entitled "An Act relating to the promotion and separation of certain officers of the regular components of the armed forces", approved July 12, 1960 (Public Law 86-616; 10 U.S.C. 3297 note), is not subject to section 638 of title 10, United States Code, Ante. p. 2864. as added by this Act, relating to selective early retirement.

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