Page:United States Statutes at Large Volume 98 Part 3.djvu/153

 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2525

to the grade of captain or, in the case of an officer of the Navy, lieutenant for the second time.". (b) Subsection (c)(2) of such section is amended— (1) by striking out "and" at the end of clause (B); (2) by striking out the period at the end of clause (C) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new clause: "(D) may, by regulation, preclude from consideration by a selection board by which he would otherwise be eligible to be considered, an officer who has an established separation date that is within 90 days after the date the board is convened.". (c) Section 631 of such title is amended by adding at the end thereof the following new subsection: "(c) An officer who is subject to discharge under subsection (a)(1) is not eligible for further consideration for promotion.".

10 USC 631.

DETERMINATION OF DATE OF RANK FOR OFFICERS WHOSE PROMOTIONS ARE DELAYED ADMINISTRATIVELY

SEC. 526. Paragraphs (1) and (2) of section 624(d) of title 10, United States Code, are each amended by striking out the period at the end and inserting in lieu thereof, unless the Secretary concerned determines that the officer was unqualified for promotion for any part of the delay. If the Secretary makes such a determination, the Secretary may adjust such date of rank, effective date of pay and allowances, and position on the active-duty list as the Secretary considers appropriate under the circumstances.". SPECIAL SELECTION BOARDS FOR WARRANT OFFICERS

SEC. 527. (a) Subsections (a)(1) and (b)(1) of section 628 of title 10, United States Code, are amended by striking out "(composed in accordance with section 612 of this title)" and inserting in lieu thereof "(composed in accordance with section 612 of this title or, in the case of a warrant officer, composed in accordance with section 558 of this title and regulations prescribed by the Secretary of the military department concerned)". (b) Section 641 of such title is amended by striking out "(other than section 640)" and inserting in lieu thereof "(other than section 640 and, in the case of warrant officers, section 628)". AUTHORITY TO DISCHARGE RESERVE SECOND LIEUTENANTS AND ENSIGNS FOUND NOT QUALIFIED FOR PROMOTION

SEC. 528. (a) Section 1005 of title 10, United States Code, is amended— (1) by striking out "A reserve commissioned officer, other than a commissioned warrant officer," and inserting in lieu thereof "(a) Except as provided in subsection (b), a reserve commissioned officer"; (2) by striking out the comma after "any other provision of law"; and (3) by adding at the end thereof the following new subsection: "(b) Subsection (a) does not prevent the discharge or transfer from an active status of— "(Da commissioned warrant officer; or "(2) an officer on the active-duty list who is found not qualified for promotion to the grade of first lieutenant, in the case of

10 USC 641.

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