Page:United States Statutes at Large Volume 108 Part 4.djvu/391

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PUBLIC LAW 103-337-OCT. 5, 1994 108 STAT. 3025 (b) REGULATIONS.—The Secretary concerned shall prescribe regulations for the establishment of relative seniority. The Secretary of the Army and the Secretary of the Air Force shall, in prescribing such regulations, provide for the consideration of both promotion service established under section 3360(b) or 8360(e) of title 10, United States Code, as in effect on the day before the effective date of this title, and total commissioned service established under section 3360(c) or 8366(e) of such title, as in effect on the day before the effective date of this title. An officer placed on a reserve active-status list in accordance with this section shall be considered to have been on the list as of the effective date of this title. SEC. 1687. PRESERVATION OF RELATIVE SENIORITY UNDER THE INI- TLAL ESTABLISHMENT OF THE RESERVE ACTIVE-STATUS LIST. In order to maintain the relative seniority among reserve officers of the Army, Navy, Air Force, or Marine Corps as determined under section l'o86, the Secretary of the military department concerned may, during the one-year period beginning on the effective date of this title, adjust the date of rank of any reserve officer of such Armed Force who was in an active status but not on the active-duty list on such effective date. SEC. 1688. GRADE ON TRANSFER TO THE RETIRED RESERVE. In determining the highest grade held satisfactorily by a person at any time in the Armed Forces for the purposes of paragraph (2) of section 1406(b) of title 10, United States Code, as added by this title, the requirement for satisfactory service on the reserve active-status list contained in section 1370(d) of title 10, United States Code, as added by this title, shall apply only to reserve commissioned officers who are promoted to a higher grade as a result of selection for promotion under chapter 36 of that title or under chapter 1405 of that title, as added by this title, or having been found qualified for Federal recognition in a higher grade under chapter 3 of title 32, United States Code, after the effective date of this title. SEC. 1689. RIGHTS FOR OFFICERS WITH OVER THREE YEARS SERVICE. A reserve officer of the Army, Navy, Air Force, or Marine Corps who was in an active status on the day before the effective date of this title and who was subject to placement of the reserve active-status list on the effective date of this title may not be discharged under section 14503 of title 10, United States Code, as added by this title, until on or after the day on which that officer completes three years of continuous service as a reserve commissioned officer. SEC. 1690. MANDATORY SEPARATION FOR AGE FOR CERTAIN RESERVE OFFICERS OF THE NAVY AND MARINE CORPS. (a) SAVINGS PROVISIONS FOR REQUIRED SEPARATION AGE. —-A reserve officer of the Navy or the Marine Corps— (1) who— (A) on the effective date of this title is in an active status, and (B) on the day before the effective date of this title was an officer described in section 6389(e), 6397(a), 6403(a), or 6403(b) of title 10, United States Code; and 10 USC 14002 note. 10 USC 1406 note. 10 USC 14503 note.