Page:United States Statutes at Large Volume 95.djvu/159

 PUBLIC LAW 97-22—JULY 10, 1981 before such date shall continue on and after such date as if such removal action had been initiated under section 629 of title 10, United States Code, as added by this Act.". (e) Section 612 of such Act (94 Stat. 2945) is amended— (1) by striking out "An" and inserting in lieu thereof "(a) Except as provided in subsection Oa), an"; and (2) by adding at the end thereof the following new subsection: "(b) An officer who d u r ^ g fiscal year 1981— "(1) failed twice of selection for promotion to the grade of either lieutenant or lieutenant commander, in the Case of an officer in the Navy, or to either captain or major, in the case of an officer in the Marine Corps; and "(2) had not previously failed of selection for promotion to that grade, may not, because of such failures of selection, be involuntarily separated, involuntarily discharged, or retired under chapter 36 of title 10, United States Code, as added by this Act, before June 30, 1982, unless the officer so requests.". (f) Section 613 (pf such Act (94 Stat. 2945) is amended— (1) by striking out the period in subsection (a)(1) and inserting in lieu thereof ", except that an officer for whom no means can be established under the laws in effect on September 14, 1981, for computing creditable service in determining whether the officer is subject to involuntary retirement shall be retired under chapter 573 of title 10, United States Code, as in effect on September 14, 1981, on the basis of the years of service of such officer as determined under regulations prescribed under section 624(b).";

95 STAT. 133

94 Stat. 2860. lo use 611 note.

94 Stat. 2850. 10 USC 611 note.

10 USC 6371 et ^^^' ?o'uSC6lTnote

(2) by striking out subsection (a)(2)(A) and inserting in lieu thereof the following: "(A) removed from active duty under section 1184 of title 10, United States Code, as added by this Act;"; and (3) by inserting "day before the" in subsections (b)(1) and (b)(2) after "who on the". (g) Section 615(c) of such Act (94 Stat. 2948) is amended by striking 10 USC 611 note. out ", in lieu of being reappointed in the line of the Navy under subsection (a), be appointed in that staff corps" and inserting in lieu thereof "request appointment in a staff corps and, with the approval of the Secretary of the Navy, be appointed in that staff corps. Any appointment under this subsection shall be in lieu of the reappointment of the officer under subsection (a)", (h) Section 616 of such Act (94 Stat. 2949) is amended— 10 USC 6ii note. (1) by inserting "(a)" before "An officer"; and (2) by adding at the end thereof the following new subsection: "(b) Any female member of the Navy who on April 2, 1981, was appointed under section 591 or 5590 of title 10, United States Code, in the grade of ensign as an officer designated for limited duty may after September 14, 1981, be reappointed as an officer designated for limited duty under section 5596 of title 10, United States Code, as amended by this Act. A member so reappointed shall have a date of rank as an ensign of April 2, 1981, and shall have the same permanent pay grade and status as that member held on April 1, 1981.". (i) Part B of title VI of such Act (94 Stat. 2945), is amended by adding at the end thereof the following new sections:

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