Page:United States Statutes at Large Volume 94 Part 3.djvu/296

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 2940

PUBLIC LAW 96-513—DEC. 12, 1980 TITLE VI—TRANSITION PROVISIONS

PART A—TRANSITION PROVISIONS RELATING ONLY TO THE ARMY AND AIR FORCE REGULAR OFFICERS SERVING IN A HIGHER TEMPORARY GRADE BELOW LIEUTENANT

GENERAL

OR

RECOMMENDED FOR PROMOTION TO A

HIGHER GRADE

10 USC 611 note. SEC. 601. (a) Except as provided in sections 603 and 604, any regular Post, p. 2941. officer of the Army or Air Force who on the effective date of this Act is on active duty and— (1) is serving in a temporary grade below lieutenant general that is higher than his regular grade; (2) is on a list of officers recommended for promotion to a temporary grade below lieutenant general; or (3) is on a list of officers recommended for promotion to a regular grade higher than the grade in which he is serving; shall be considered to have been recommended by a board convened Ante, p. 2851. under section 611(a) of title 10, United States Code, as added by this Act, for promotion to the regular grade equivalent to the grade in which he is serving or for which he has been recommended for promotion, as the case may be. (b) An officer referred to in clause (1) of subsection (a) who is not promoted to the grade to which he is considered under such subsection to have been recommended for promotion because his name is removed from a list of officers who are considered under such paragraph to have been recommended for promotion shall be considerate, p. 2850. ered under chapter 36 of title 10, United States Code, as added by this Act, for promotion to the regular grade equivalent to the temporary grade in which he was serving on the effective date of this Act as if he were serving in his regular grade. Ante, p. 2869. (c) Notwithstanding section 741(d) of title 10, United States Code, as added by this Act, the date of rank of an officer referred to in subsection (a)(1) who is promoted to the temporary grade in which he is serving on the effective date of this Act is the date of his temporary appointment in that grade. RESERVE OFFICERS SERVING IN A HIGHER TEMPORARY GRADE BELOW UEUTENANT GENERAL OR RECOMMENDED FOR PROMOTION TO A HIGHER GRADE

10 USC 611 note.

Ante, p. 2851.

Ante, p. 2869.

SEC. 602. (a)(1) Except as provided in subsection (b) and sections 605 and 606, any reserve officer of the Army or Air Force who on the effective date of this Act is subject to placement on the active-duty list of his armed force and— (A) is serving in a temporary grade below lieutenant general that is higher than his reserve grade; or (B) is on a list of officers recommended for promotion to a temporary grade below lieutenant general that is the same as or higher than his reserve grade; shall be considered to have been recommended by a board convened under section 611(a) of title 10, United States Code, as added by this Act, for promotion to the reserve grade equivalent to the grade in which he is serving or for which he has been recommended for promotion, as the case may be. (2) Notwithstanding section 741(d) of title 10, United States Code, as added by this Act, the date of rank of an officer referred to in