Page:United States Statutes at Large Volume 94 Part 3.djvu/301

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-513—DEC. 12, 1980

94 STAT. 2945

REGULAR OFFICERS WHOSE RETIREMENT HAS BEEN DEFERRED

SEC. 610. A regular officer of the Army or Air Force serving on 10 USC 611 note. active duty on the effective date of this Act whose retirement under chapter 367 or 867 of title 10, United States Code, has been deferred 10 USC 3911 et before that date—

  • ^'?' ^^^^ ^^ «^9(1) under a provision of such chapter; or

(2) by virtue of a suspension, under any provision of law, of provisions of such chapter which would otherwise require such retirement, may continue to serve on active duty to complete the period for which his retirement Was deferred or until such suspension is removed. PART B—TRANSITION PROVISIONS RELATING ONLY TO THE NAVY AND MARINE CORPS OFFICERS S E R VI N G I N A TEMPORARY G R A D E BELOW VICE ADMIRAL OR

UEUTENANT GENERAL OR RECOMMENDED FOR PROMOTION

SEC. 611. (a) Subject to subsection (b), any regular officer of the 10 USC 611 note. Navy or Marine Corps, and any reserve officer of the Navy and Marine Corps who on the effective date of this Act is subject to placement on the active-duty list, who on the effective date of this Act— (1) is serving on active duty in a temporary grade below vice admiral or lieutenant general that is higher than his permanent grade; or (2) is on a promotion list, shall be considered to have been recommended for promotion to the permanent grade equivalent to the grade in which he is serving or for which he has been recommended for promotion, as the case may be, by a board convened under section 611(a) of title 10, United States Code, as added by this Act. (b) This section does not apply to an officer— (1) serving in a temporary grade which, by its own terms, is limited in duration; (2) designated for limited duty in a grade to which he was appointed under section 5596 of title 10, United States Code, Ante, p. 2894. before the effective date of this Act; or (3) recommended for promotion or promoted to a grade under section 5787 of such title, as in effect before the effective date of this Act. OFFICERS FAILED OF SELECTION FOR PROMOTION

SEC. 612. An officer of the Navy or Marine Corps who on the 10 USC 611 note. effective date of this Act is considered to have failed of selection for promotion one or more times to a grade below the grade of captain, in the case of an officer of the Navy, or below the grade of colonel, in the case of an officer of the Marine Corps, is subject to chapter 36 of title 10, United States Code, as added by this Act, as if such failure or Ante, p. 2850. failures had occurred under the provisions of such chapter. RIGHT OF CERTAIN OFFICERS TO RETIRE UNDER PRIOR LAW

SEC. 613. (a)(1) Subject to paragraph (2), an officer who on the 10 USC 611 note. effective date of this Act—