PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 667 10 USC 523. 10 USC 524. captain shall be eligible for immediate promotion to the grade of captain if otherwise qualified. PROMOTION OF CERTAIN RESERVE COBfMISSIONED OFFICERS SERVING ON ACTIVE DUTY SEC. 1015. (a)(1) Section 3380 of title 10, United States Code, is amended to read as follows:
- §3380. Commissioned officers: promotion of reserve commis-
sioned officers on active duty and not on the active duty list "(a) Notwithstanding any other provision of law, a reserve com- Regulations. missioned officer on active duty for duty described in clause dXB), dXC), or (7) of section 523(b) of this title who is recommended by a selection board for promotion to, or found qualified for Federal recognition in, a higher reserve grade may, in accordance with regulations prescribed by the Secretary of Defense and subject to the limitations of section 524 of this title, be promoted to or extended Federal recognition in such higher reserve grade and may continue to serve on active duty, or be ordered to serve on active duty, in such higher reserve grade. (b) Notwithstanding any other provision of law, the service in grade for promotion purposes only of any reserve commissioned officer who is promoted to or extended Federal recognition in a higher reserve grade but whose promotion to or recognition in such higher reserve grade was delayed solely because of limitations imposed in accordance with regulations prescribed by the Secretary of Defense under subsection (a) or contained in section 524 of th& title, is the date such officer would have been promoted to or recognized in such higher reserve grade if the limitations did not exist. In computing service in grade for the purposes of determining the date for discharge or transfer to the Retired Reserve under chapter 363 of this title, the date the officer would have been promoted to or recognized in such higher grade had the limitations not existed shall be considered the date of promotion to or recogni- tion in such higher grade. "(c) Regulations prescribed by the Secretary of Defense under subsection (a) shall prohibit the promotion of an officer under the authority of that subsection unless the duty assignment of the officer requires a higher grade than the grade currently held by the officer. "(d) The authority to promote officers under this section shall Expiration date expire on September 30, 1985.". (2) The item relating to section 3380 in the table of sections at the beginning of chapter 337 of such title is amended to read as follows: "3380. Commissioned officers: promotion of reserve commissioned officers on active duty and not on the active duty list.". (b)(1) Section 8380 of title 10, United States Code, is amended to read as follows: "§8380. Commissioned officers: promotion of reserve commis- sioned officers on active duty and not on the active duty list "(a) Notwithstanding any other provision of law, a reserve com- Regulations. missioned officer on active duty for duty described in clause (I)(B), (I)(C), or (7) of section 523(b) of this title who is recommended by a lo usc 523. 10 USC 3843 et seq.
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