Page:United States Statutes at Large Volume 112 Part 3.djvu/172

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112 STAT. 2002 PUBLIC LAW 105-261—OCT. 17, 1998 (B) by striking out "an officer" and inserting in lieu thereof "a person"; (C) by striking out "such officer" and inserting in lieu thereof "that person"; (D) by striking out "the next higher grade" the second place it appears and inserting in lieu thereof "that grade"; and (E) by adding at the end the following: "However, in the case of a board convened under this section to consider a warrant officer or former warrant officer, if the report of that board, as approved by the Secretary concerned, recommends that warrant officer or former warrant officer for promotion to the next higher grade, that person shall, as soon as practicable, be appointed to the next higher grade in accordance with provisions of section 578(c) of this title (rather than subsections (b), (c), and (d) of section 624 of this title).". (3) Subsection (d)(2) of such section is amended— (A) by striking out "An officer who is promoted" and inserting in lieu thereof "A person who is appointed"; (B) by striking out "such promotion" and inserting in lieu thereof "that appointment"; and (C) by adding at the end the following new sentence: "In the case of a person who is not on the active-duty list when appointed to the next higher grade, placement of that person on the active-duty list pursuant to the preceding sentence shall be only for purposes of determination of eligibility of that person for consideration for promotion by any subsequent special selection board under this section.". (d) APPLICABILITY TO DECEASED PERSONS. —Subsection (e) of such section is amended to read as follows: "(e) DECEASED PERSONS.— I f a person whose name is being considered for referral to a special selection board under this section dies before the completion of proceedings under this section with respect to that person, this section shall be applied to that person posthumously. ". (e) RECODIFICATION OF ADMINISTRATIVE MATTERS. — Such section is further amended by adding at the end the following: "(f) CONVENING OF BOARDS.—^A board convened under this section— "(1) shall be convened under regulations prescribed by the Secretary of Defense; "(2) shall be composed in accordance with section 612 of this title or, in the case of board to consider a warrant officer or former warrant officer, in accordance with section 573 of this title and regulations prescribed by the Secretary of the military department concerned; and "(3) shall be subject to the provisions of section 613 of this title. "(g) PROMOTION BOARD DEFINED. — In this section, the term 'promotion board' means a selection board convened by the Secretary of a military department under section 573(a) or 611(a) of this title.". 10 USC 628 note. (f) RATIFICATION OF CODIFIED PRACTICE. —The consideration by a special selection board convened under section 628 of title 10, United States Code, before the date of the enactment of this Act of a person who, at the time of consideration, was a retired