84 STAT.]
PUBLIC LAW 91-402-SEPT. 18, 1970
841
Keserve officer subsequently is considered and fails of selection or fails to qualify for promotion, such failure shall be deemed to have occurred at the same time as his running? mate was considered. His new running mate shall be the next senior officer remaining in the same grade on the active duty promotion list whose name was not on a list of selectees at the time the original running mate was selected.'*; Stat. 1 5 5 (F) by adding a clause (5) to subsection (b) to read as follows: 72 USC 7 8 2.1. 14 '"(5) In any situation not expressly covered by this subsection or where the assignment of a running mate would result in an inequitable change in precedence, the Secretary may assign an appropriate running mate to effect the intent of this section that no unjust benefit or detriment will result to any officer from the operation of this section.'"; (G) by adding a clause (6) to subsection (b) to read as follows: "(6) A Reserve officer on the active duty promotion list shall become the running mate of all the inactive duty Reserve officers who are junior to him and had a running mate in common with him at the time of his being placed on the active duty promotion list.; and (H) by adding a subsection (c) to read as follows: Dates of (c) The Secretary is authorized to adjust, as necessary, the dates of adjustment. rank, rank of Reserve officers not on active duty so that the dates will correspond with those of the running mates assigned to them in accordance with the provisions of this section. However, the dates of rank of those Reserve officers whose names are on a list of selectees for promotion to the next higher grade at the time of enactment of this subsection, shall not be adjusted until such time as the officers have been promoted. If Overpayments, overpayments of pay and allowances will have resulted from the adjustment of dates of rank, such overpayments shall not be subject to recoupment." (9) Section 784 is amended by designating the existing section as 72 Stat 1552. subsection (a) and by adding a new subsection (b) as follows: " (b) Notwithstanding any other provision of law, a Reserve rear admiral shall become entitled to the pay and allowances of the upper half for duty performed from the date his running mate becomes so entitled." (10) Section 787 is amended— !"^^!"^^ °1 (A) by striking out the first sentence in subsection (a) and in- tary's discretion. sertin^ in lieu thereof the sentence "Officers of the Women's Reserve m the grades of lieutenant (junior grade) and lieutenant failing of selection for promotion to the next higher grade, and all other Reserve officers after failing of selection for promotion to the next higher grade for a second time, may be retained in or eliminated from an active status in the discretion of the Secretary."; (B) by striking out the word "Other" in the second sentence and inserting in lieu thereof the word "Those"; (C) by striking out the words between "officers" and "shall" in the second sentence and inserting in lieu thereof the words "who r.;,H? are not retained in an active status"; and (D) by striking the column heading "Total commissioned service years" and inserting in lieu thereof the heading "Total years of commissioned service". Promotion, tem(11) Section 790 is amended— porary or p e r (A) by deleting the words "or her" after the word "his"; manent. (B) by deleting the words "in the Regular Coast (xuard" after the word "mate":
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