Page:United States Statutes at Large Volume 108 Part 4.djvu/326

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108 STAT. 2960 PUBLIC LAW 103-337—OCT. 5, 1994 "(2) if eligible for transfer to the Retired Reserve and has completed the years of service required for retired pay under chapter 1223 of this title, be treinsferred to the Retired Reserve; and "(3) if ineligible for retirement or transfer to the Retired Reserve under paragraph (1) or (2) on the date of such removal— "(A) be honorably discharged in the grade then held, in the case of an officer whose case was brought under subsection (a) of section 14902 of this title; or "(B) be discharged in the grade then held, in the case of an officer whose case was brought under subsection (b) of section 14902 of this title. "(c) SEPARATION PAY.— An officer who is discharged under subsection (b)(3) is entitled, if eligible therefor, to separation pay under section 1174(c) of this title. "§ 14906. Officers eligible to serve on boards "(a) COMPOSITION OF BOARDS.—(1) Each officer who serves on a board convened under this chapter shall be an officer of the same armed force as the officer being required to show cause for retention in an active status. "(2) An officer may not serve on a board under this chapter unless the officer holds a grade above lieutenant colonel or commander and is senior in grade and rank to any officer considered by the board. "(b) LIMITATION.— ^A person may not be a member of more than one board convened under this chapter to consider the same officer. "§ 14907. Army National Guard of the United States and Air National Guard of the United States: discharge and withdrawal of Federal recognition of officers absent without leave "(a) AUTHORITY TO WITHDRAW FEDERAL RECOGNITION.—I f an officer of the Army National Guard of the United States or the Air National Guard of the United States has been absent without leave for three months, the Secretary of the Army or the Secretary of the Air Force, as appropriate, may— "(1) terminate the reserve appointment of the officer; and "(2) withdraw the officer's Federal recognition as an officer of the National Guard. "(b) DISCHARGE FROM RESERVE APPOINTMENT. —An officer of the Army National Guard of the United States or the Air National Guard of the United States whose Federal recognition as an officer of the National Guard is withdrawn under section 323(b) of title 32 shall be discharged from the officer's appointment as a reserve officer of the Army or the Air Force, as the case may be.". PART II—CONFORMING AMENDMENTS SEC. 1621. DEFINITION OF RESERVE ACTIVE-STATUS LIST. Section 101(c) is amended by adding at the end the following new paragraph: "(7) The term 'reserve active-status list' means a single list for the Army, Navy, Air Force, or Marine Corps (required to be maintained under section 14002 of this title) that contains