Page:United States Statutes at Large Volume 95.djvu/161

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PUBLIC LAW 97-000—MMMM. DD, 1981

PUBLIC LAW 97-22—JULY 10, 1981

95 STAT. 135

section and of section 1370(a)(2) of title 10, United States Code, as added by this Act, with respect to any officer described in the preceding sentence.". (n) Part C of title VI of such Act (94 Stat. 2950) is amended by adding at the end thereof the following new sections: "SAVINGS PROVISION FOR RETIRED GRADE OF CERTAIN RESERVE OFFICERS

"SEC. 634. Unless entitled to a higher grade under any other lo use 6ii note. provision of law, a member of the Army or Air Force who is a reserve officer and who— "(1) is on active duty on September 14, 1981; and "(2) after such date retires under section 3911 or 8911 of title 10, United States Code, is entitled to retire in the reserve grade which he held or to which he had been selected for promotion on September 14, 1981. "SAVINGS PROVISION FOR ORIGINAL APPOINTMENT IN CERTAIN GRADES UNDER EXISTING REGULATIONS

"SEC. 635, Any person who before September 15, 1981— lo use 6ii note. "(1) was selected for participation in a postbaccalaureate educational program leading to an appointment as a commissioned officer or had completed a postbaccalaureate program and was selected for appointment as a commissioned officer of the Army, Navy, Air Force, or Marine Corps; "(2) under regulations of the Secretary of the military department concerned in effect on December 12, 1980, would have been appointed and ordered to active duty in a grade specified or determined in accordance with such regulations; and "(3) had not been so appointed and ordered to active duty, may be appointed and ordered to active duty in such grade with a date of rank and position on the active-duty list junior to that of all other officers of the same grade and competitive category serving on active duty. "RETENTION IN GRADE OF CERTAIN RESERVE OFFICERS

"SEC. 636. A reserve officer of the Army, Navy, Air Force, or lo use 6ii note. Marine Corps who on September 14, 1981— "(1) is serving on active duty (A) under section 100i)X2) of the Military Selective Service Act (50 U.S.C. App. 4600t)X2)) for the administration of the Selective Service System, or (B) under section 708 of title 32; and "(2) is serving in a temporary grade or is selected for promotion to a temporary grade, may continue to serve in or may be promoted to and serve in such grade until promoted to a higher grade, separated, or retired. "SAVINGS PROVISION REGARDING DISCHARGE OF REGULAR OFFICERS

"SEC. 637. An officer of the Regular Army, Regular Navy, Regular lo use 611 note. Air Force, or Regular Marine Corps who on September 14, 1981, was serving on active duty may not be discharged under section 630(1)(A) of title 10, United States Code, as added by this Act, on or after the day on which that officer completes three years of continuous service as a regular commissioned officer.

89-194 0—82

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