Page:United States Statutes at Large Volume 94 Part 3.djvu/204

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 2848

PUBLIC LAW 96-513—DEC. 12, 1980

"(3) Constructive service credited an officer under this subsection is in addition to any service credited that officer under subsection (a) and shall be credited at the time of the original appointment of the officer. "(c) Constructive service credited an officer under subsection (b) shall be used only for determining the officer's— "(1) initial grade as a regular officer; "(2) rank in grade; and "(3) service in grade for promotion eligibility. "(d)(1) Constructive service may not be credited under subsection (b) for education, training, or experience obtained while serving as a commissioned officer (other than a warrant officer) on active duty or in an active status. "(2) A graduate of the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy is not entitled to service credit under this section for service performed, or education, training, or experience obtained, before graduation from such Academy. Judge advocates. "(e) If the Secretary of Defense determines that the number of qualified judge advocates serving on active duty in the Army, Navy, Air Force, or Marine Corps in grades below major or lieutenant commander is critically below the number needed by such armed force in such grades, he may authorize the Secretary of the military department concerned to credit any person receiving an original appointment in the Judge Advocate General's Corps of the Army or Navy, or any person receiving an original appointment in the Air Force or Marine Corps with a view to designation as a judge advocate, with a period of constructive service in such an amount (in addition to any period of service credited such person under subsection (b)(1)) as will result in the grade of such person being that of captain or, in the case of an officer of the Navy, lieutenant and the date of rank of such person being junior to that of all other officers of the same grade serving on active duty. "(f) An officer of a reserve component who receives an original appointment as an officer (other than a warrant officer) in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps shall be appointed in the grade and with the date of rank to which he would have been entitled had he been serving on active duty as an officer of a reserve component on the date of such original appointment as a regular officer.". (b) Such chapter is further amended by inserting after section 541 the following: "SUBCHAPTER II—APPOINTMENTS OF REGULAR WARRANT OFFICERS "Sec.

"555. "556. "557. "558. "559. "560. "561. "562.

Warrant officers: grades. Warrant officers: original appointment; service credit. Warrant officers: promotion; qualifications. Warrant officers: promotion; selection boards. Warrant officers: eligibility for promotion. Warrant officers: promotion; selection procedure. Warrant officers: effect of failure of selection for promotion. Warrant officers: disapproval of promotion by Secretary concerned, President, or Senate. "563. Warrant officers: promotion; effective date. "564. Warrant officers: effect of second failure of promotion. "565. Warrant officers: suspension of laws for promotion or mandatory retirement or separation during war or emergency.".