Page:United States Statutes at Large Volume 122.djvu/121

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12 2 STA T .98PUBLIC LA W 11 0– 181 —J A N .28 , 2008 Subti t leB—R e s e rv e Comp o n ent Ma na g ement SEC.51 1. R E T E N T IO NO FM I L IT A R Y TEC H NICIANS W HO LOSE DU AL STATUS IN THE SELECTED RESER V EDUETOCOM B AT - RELATED DISABILITY. Section102 1 6 o f tit l e10 ,U nite d St a te sC ode, is a m ended by inse r tin g after s u bsection ( f ) t h e follo w ing new subsection

‘(g) RET E N T IO NO FM I L IT ARYT E CH NICIAN SW HO L OSE DU AL STATUS DUE TO CO MB AT - RELATE D DISABILITY .— (1) N otwithstanding subsection (d) of this section or subsections (a)( 3 ) and (b) of section 1021 8 of this title, if a military technician (dual status) loses such dual status as the result of a combat-related disability (as defined in section 1 4 13a of this title), the p erson may be retained as a non-dual status technician so long as— ‘‘( A ) the combat-related disability does not pre v ent the per- son from performing the non-dual status functions or position

and ‘‘( B ) the person, while a non-dual status technician, is not dis q ualified from performing the non-dual status functions or position because of performance, medical, or other reasons. ‘‘(2) A person so retained shall be removed not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age. ‘‘(3) P ersons retained under the authority of this subsection do not count against the limitations of section 1021 7 (c) of this title. ’ ’. SEC. 51 2 . CONSTRUCTIVE SERVICE CREDIT U P ON ORI G INAL APPOINT- MENT OF RESERVE OFFICERS IN CERTAIN HEALTH CARE PROFESSIONS. (a) I NCLUSION OF ADDITIONAL H EALTH CARE PROFESSIONS.— Paragraph (2) of section 12207(b) of title 10, United States Code, is amended to read as follows: ‘‘(2)(A) If the Secretary of Defense determines that the number of officers in a health profession described in subparagraph (B) who are serving in an active status in a reserve component of the Army, Navy, or Air F orce in grades below ma j or or lieutenant commander is critically below the number needed in such health profession by such reserve component in such grades, the Secretary of Defense may authori z e the Secretary of the military department concerned to credit any person who is receiving an original appoint- ment as an officer for service in such health profession with a period of constructive credit in such amount (in addition to any amount credited such person under paragraph (1)) as will result in the grade of such person being that of captain or, in the case of the Navy Reserve, lieutenant. ‘‘(B) The types of health professions referred to in subparagraph (A) include the following: ‘‘(i) Any health profession performed by officers in the Medical Corps of the Army or the Navy or by officers of the Air Force designated as a medical officer. ‘‘(ii) Any health profession performed by officers in the Dental Corps of the Army or the Navy or by officers of the Air Force designated as a dental officer. Deadlin e .