Page:United States Statutes at Large Volume 98 Part 3.djvu/152

 98 STAT. 2524

PUBLIC LAW 98-525—OCT. 19, 1984 AUTHORITY TO USE MEANS OTHER THAN BOARDS TO DECIDE WHETHER AN OFFICER SHOULD BE REQUIRED TO SHOW CAUSE FOR RETENTION

10 USC 1181. Regulations.

SEC. 524. (a) Section 618(b)(2) of title 10, United States Code, is amended to read as follows: "(2) If the report of a selection board names an officer as having a record which indicates that the officer should be required to show cause for his retention on active duty, the Secretary concerned may provide for the review of the record of that officer as provided for under regulations prescribed under section 1181 of this title.". (b)(1) Section 1181 of such title is amended to read as follows: "§118L Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons "(a) Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a commissioned warrant officer or a retired officer) of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps to determine whether such officer shall be required, because his performance of duty has fallen below standards prescribed by the Secretary of Defense, to show cause for his retention on active duty. "(b) Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a commissioned warrant officer or a retired officer) of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps to determine whether such officer should be required, because of misconduct, because of moral or professional dereliction, or because his retention is not clearly consistent with the interests of national security, to show cause for his retention on active duty.". (2) The item relating to section 1181 in the table of sections at the beginning of chapter 60 of such title is amended to read as follows: "1181. Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons.".

Effective date. 10 USC 1181 note.

Supra.

(3) The amendments made by paragraphs (1) and (2) shall take effect on the first day of the first month that begins more than 60 days after the date of the enactment of this Act, but shall not apply to any case in which, before that date, a board of officers has been ordered to convene under the provisions of section 1181 of title 10, United States Code, as in effect before that date. REMOVAL FROM FURTHER CONSIDERATION FOR PROMOTION OF OFFICERS IN PAY GRADE 0 - 2 WHO HAVE TWICE FAILED OF SELECTION FOR PROMOTION

SEC. 525. (a) Subsection (b) of section 619 of title 10, United States Code, is amended— (1) by striking out "An officer" and inserting in lieu thereof "(1) Except as provided in paragraph (2), an officer"; and (2) by adding at the end thereof the following new paragraph: "(2) Paragraph (1) does not apply to a regular officer who is ineligible for consideration for promotion under section 631(c) of this title or to a reserve officer who has failed of selection for promotion

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