Page:United States Statutes at Large Volume 95.djvu/151

 PUBLIC LAW 97-22—JULY 10, 1981

95 STAT. 125

(c)(1) Subsection (b)(l)(A) of section 533 of such title (as added by ^^ use 533. section 104(a) of the Act (94 Stat. 2846)) is amended— (A) by inserting ", designated, or assigned" in the first sentence after "persons appointed'; (B) by striking out "appointment as a commissioned officer" in the first sentence and inserting in lieu thereof "such appointment, designation, or assignment"; and (C) by striking out the second sentence and inserting in lieu thereof the following: "Except as provided in clause (E), in determining the number of years of constructive service to be credited under this clause to officers in any professional field, the Secretary concerned shall credit an officer with, but with not more than, the number of years of postsecondary education in excess of four that are required by a majority of institutions that award degrees in that professional field for completion of the advanced education or award of the advanced degree.". (2) Subsection (b)(l)(B) of such section is amended by striking out "as an officer" and inserting in lieu thereof ", designation, or assignment". (3) Subsection (b)(l)(E) of such section is amended by inserting ", designated, or assigned" in the second sentence after "being appointed". (4) Subsection (d)(1) of such section is amended by adding at the end thereof the following new sentence: "However, in the case of an officer who completes advanced education or receives an advanced degree while on active duty or in an active status and in less than the number of years normally required to complete such advanced education or receive such advanced degree, constructive service may, subject to regulations prescribed under subsection (a)(2), be credited to the officer under subsection (b)(l)(A) to the extent that the number of years normally required to complete such advanced education or receive such advanced degree exceeds the actual number of years in which such advanced education or degree is obtained by the officer.". (5) Subsection (f) of such section is amended to read as follows: "(f) A reserve officer (other than a warrant officer) who receives an original appointment as an officer (other than as a warrant officer) in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps shall— "(1) in the case of an officer on the active-duty list immediately before that appointment as a regular officer, be appointed in the same grade and with the same date of rank as the grade and date of rank held by the officer on the active-duty list immediately before the appointment; and "(2) in the case of an officer not on the active-duty list immediately before that appointment as a regular officer, be appointed in the same grade and with the same date of rank as the grade and date of rank which the officer would have held had the officer been serving on the active-duty list on the date of the appointment as a regular officer.". SEC. 4. (a)(1) Paragraph (2) of subsection (a) of section 612 of title 10, United States Code (as added by section 105 of the Act (94 Stat. 2851)), is amended to read as follows: "(2)(A) Except as provided in subparagraph (B), a selection board shall include at least one officer from each competitive category of officers to be considered by the board. "(B) A selection board need not include an officer from a competitive category to be considered by the board when there are no officers of that competitive category on the active-duty list in a grade higher

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