PUBLIC LAW 100-456—SEPT. 29, 1988
102 STAT. 1967
SEC. 503. SELECTIVE EARLY RETIREMENT FOR CERTAIN PRE-DOPMA NAVY AND MARINE CORPS OFFICERS (a) CONFORMANCE TO A R M Y AND AlR FORCE PROVISIONS.—SubseC-
tion (a)(2) of section 613 of the Defense Officer Personnel Management Act (Public Law 96-513; 10 U.S.C. 611 note) is amended— (1) by striking out "or" at the end of clause (B); (2) by striking out the period at the end of clause (C) and inserting in lieu thereof "; or"; and (3) by adding at the end the following new clause: "(D) selected for early retirement under section 638 of title 10, United States Code.". (b) TECHNICAL AMENDMENTS.—Such section is further amended— (1) by striking out "on the effective date of this Act" in the matter in subsection (a)(1) preceding clause (A) and inserting in lieu thereof "on September 15, 1981"; and (2) by striking out "on the day before the effective date of this Act" each place it appears in such section and inserting in lieu thereof "on September 14, 1981". SEC. 504. TECHNICAL REVISION OF SECTION 638 OF TITLE 10, UNITED STATES CODE
Subsection (a) of section 638 of title 10, United States (Dode, is amended to read as follows: "(a)(1) A regular officer on the active-duty list of the Army, Navy, Air Force, or Marine Corps may be considered for selective early retirement by a selection board convened under section 6110)) of this title if the officer is described in any of subparagraphs (A) through (D) as follows: "(A) An officer holding the regular grade of lieutenant colonel or commander who has failed of selection for promotion to the grade of colonel or, in the case of an officer of the Navy, captain two or more times and whose name is not on a list of officers recommended for promotion. "(B) An officer holding the regular grade of colonel or, in the case of an officer of the Navy, captain who has served at least four years of active duty in that grade and whose name is not on a list of officers recommended for promotion. "(C) An officer holding the regular grade of brigadier general or rear admiral (lower half) who has served at least three and one-half years of active duty in that grade and whose name is not on a list of officers recommended for promotion. "(D) An officer holding the regular grade of major general or rear admiral who has served at least three and one-half years of active duty in that grade. "(2) The Secretary of the military department concerned shall specify the number of officers described in paragraphs (I)(A) and (I)(B) which a selection board convened under section 611(b) of this title may recommend for early retirement. Such number may not be more than 30 percent of the number of officers considered in each grade in each competitive category.".
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