Page:United States Statutes at Large Volume 112 Part 3.djvu/173

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PUBLIC LAW 105-261—OCT. 17, 1998 112 STAT. 2003 officer or former officer of the Armed Forces (including a deceased retired or former officer) is hereby ratified. SEC. 502. INVOLUNTARY SEPARATION PAY DENIED FOR OFFICER DIS- CHARGED FOR FAILURE OF SELECTION FOR PROMOTION REQUESTED BY THE OFFICER. (a) INELIGIBILITY FOR SEPARATION PAY. —Section 1174(a) of title 10, United States Code, is amended by adding at the end the following: "(3) Notwithstanding paragraphs (1) and (2), an officer discharged under any provision of chapter 36 of this title for twice failing of selection for promotion to the next higher grade is not entitled to separation pay under this section if either (or both) of those failures of selection for promotion was by the action of a selection board to which the officer submitted a request in writing not to be selected for promotion or who otherwise directly caused his nonselection through written communication to the Board under section 614(b) of this title.". (b) REPORT OF SELECTION BOARD TO NAME OFFICERS REQUEST- ING NONSELECTION.— Section 617 of such title is amended by adding at the end the following: "(c) A selection board convened under section 611(a) of this title shall include in its report to the Secretary concerned the name of any regular officer considered and not recommended for promotion by the board who submitted to the board a request not to be selected for promotion or who otherwise directly caused his nonselection through written communication to the Board under section 614(b) of this title.". (c) EFFECTIVE DATE. —The amendments made by this section lo use 617 note, shall apply with respect to selection boards convened under section 611(a) of title 10, United States Code, on or after the date of the enactment of this Act. SEC. 503. STREAMLINED SELECTIVE RETENTION PROCESS FOR REGU- LAR OFFICERS. (a) REPEAL OF REQUIREMENT FOR DUPLICATIVE BOARD.— Section 1183 of title 10, United States Code, is repealed. (b) CONFORMING AMENDMENTS.—(1) Section 1182(c) of such title is amended by striking out "send the record of proceedings to a board of review convened under section 1183 of this title" and inserting in lieu thereof "recommend to the Secretary concerned that the officer not be retained on active duty". (2) Section 1184 of such title is amended by striking out "board of review convened under section 1183 of this title" and inserting in lieu thereof "board of inquiry convened under section 1182 of this title". (c) CLERICAL AMENDMENTS. —(1) The heading for section 1184 of such title is amended by striking out "review" and inserting in lieu thereof "inquiry".