72
STAT.]
PUBLIC LAW 85-86 1 - S E P T. 2, 1958
1451
(B) by inserting the following new subsection at the end thereof: " (b) Under regulations to be prescribed by the Secretary of Defense, a Reserve who becomes a regular or ordained minister of religion is entitled upon his request to a discharge from his reserve enlistment or appointment." (28) Chapter 61 is amended— j2\o"sci2oi. (A) by amending sections 1201, 1202, and 1203 by inserting the words "under section 270(b) of this title" after the words "other than for training" in parentheses; (B) by adding the following new section at the end thereof: "§ 1221. Effective date of retirement or placement of name on temporary disability retired list "Notwithstanding section 47a of title 5, the Secretary concerned ^ use 47a. may specify an effective date for the retirement of any member of the armed forces under this chapter, or for the placement of his name on the temporary disability retired list, that is earlier than the date provided for in that section."; and (C) by adding the following new item at the end of the analysis: "1221. Effective date of retirement or placement of name on temporary disability retired list." (29) Chapter 69 is amended by inserting the following new section jgt/'g^" ^ ^ '^^^" after section 1373: "§ 1374. Reserve commissioned officers: grade on retirement or transfer to Retired Reserve " (a) Unless holding an appointment in a higher grade or entitled to a higher grade under another provisidn of law, a reserve commissioned officer who is recommended for promotion to a higher reserve grade or who is found qualified for Federal recognition in a higher reserve grade, and who, before being promoted, is found to be incapacitated for service because of physical disability and is transferred to the Retired Reserve, transfers in the grade for which he has been recommended or found qualified for Federal recognition. " (b) Unless entitled to a higher grade under another provision of law, a reserve commissioned officer who is transferred to the Retired Reserve is entitled to be placed on the retired list established by section 1376 (a) of this title in the highest grade in which he served satisfactorily, as determined by the Secretary concerned, in the armed force in which he is serving on the date of transfer. "(c) A commissioned officer of the Retired Reserve who while serving on active duty (other than for training) is promoted to a higher temporary grade is entitled, upon his release from that duty, to be advanced on the retired list established by section 1376(a) of this title to that grade. " (d) Unless otherwise provided by law, no person is entitled to increased pay or other benefits because of this section. " (e) This section does not apply to commissioned warrant officers." (30) The analysis of chapter 69 is amended by inserting the following new item: "1374. Reserve commissioned officers: grade on retirement or transfer to Retired Reserve." (31) Section 1376(b) is amended by striking out the last sentence thereof. (31A) Section 1405 is amended by inserting the figures "6323 (e)," lo use i405. and "6391 (h), " after the figures "6151 (b), " and "6390 (b)(2),", respectively.
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