95 STAT. 126
10 USC 614.
PUBLIC LAW 97-22—JULY 10, 1981 than the grade of the officers to be considered by the board and eligible to serve on the board. However, in such a case the Secretary of the military department concerned, in his discretion, may appoint as a member of the board an officer of that competitive category who is not on the active-duty list from among officers of the same armed force as the officers under consideration by the board who hold a higher grade than the grade of the officers under consideration and who are retired officers, reserve officers serving on active duty but not on the active-duty list, or members of the Ready Reserve.". (2) Paragraph (3) of such subsection is amended— (A) by inserting ", with the exact number of reserve officers to be determined by the Secretary of the military department concerned in his discretion" after "at least one reserve officer of that armed force"; and (B) by striking out the period at the end thereof and inserting in lieu thereof "who are eligible to serve on the board.". (3) Such subsection is further amended by striking out paragraph (4) and inserting in lieu thereof the following: "(4) Except as provided in paragraphs (2) and (3), if qualified officers on the active-duty list are not available in sufficient number to comprise a selection board, the Secretary of the military department concerned shall complete the membership of the board by appointing as members of the board officers who are members of the same armed force and hold a grade higher than the grade of the officers under consideration by the board and who are retired officers, reserve officers serving on active duty but not on the active-duty list, or members of the Ready Reserve. "(5) A retired general or flag officer who is on active duty for the purpose of serving on a selection board shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty.". (4) Subsection (b) of such section is amended by inserting "convened under section 611(a) of this title" after "selection boards". (b) Section 614(a) of such title (as added by section 105 of the Act (94 Stat. 2852)) is amended by striking out ", the names of the officers eligible for consideration by the board as of the date of the notification, the convening date of the board," and inserting in lieu thereof "which shall include the convening date of the board. (c) Section 619(c)(2) of such title (as added by section 105 of the Act (94 Stat. 2855)) is amended— (1) by striking out "and" at the end of clause (A); (2) by striking out the period at the end of clause (B) and inserting in lieu thereof "for the purposes of clause (A); and"; and (3) by adding at the end thereof the following new clause: "(C) may, by regulation, prescribe a period of time, not to exceed one year, from the time an officer is placed on the activeduty list during which the officer shall be ineligible for consideration for promotion.". (d)(1) Subsection (a) of section 624 of such title (as added by section 105 of the Act (94 Stat. 2857)) is amended— (A) by striking out "or in the case of officers selected for promotion to the grade of first lieutenant or lieutenant (junior grade), when a list of officers selected for promotion is approved by the President," in paragraph (1); and (B) by adding at the end of paragraph (2) the following new sentence: "Officers to be promoted to the grade of first lieutenant or lieutenant (junior grade) shall be promoted in accordance with regulations prescribed by the Secretary concerned.".
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