74 S T A T. ]
PUBLIC LAW 8 6 - 5 5 9 - J U N E 30, 1960
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result directly from the operation of mandatory provisions of this or other laws, " (b) The authorized number of officers of the Coast Guard Keserve in active status in each of the grades below the grade of rear admiral shall be a percentage of the total authorized number of such officers in active status below the grade of rear admiral, and shall be 1.5 percent in the grade of captain, 7.0 percent in the grade of commander, 22.0 percent in the grade of lieutenant commander, 37.0 percent in the grade of lieutenant, and 32.5 percent in the combined grades of lieutenant (junior grade) and ensign, except that when the actual number of Coast Guard Keserve officers in an active status in any grade is less than the number which is so authorized, the difference may be applied to increase the authorized number in any lower grade or grades. No Reserve officer shall be reduced in rank or grade solely because of a reduction in an authorized number provided in this subsection. The authorized number of Coast Guard Reserve officers in an active status in the grade of rear admiral shall be two. "(c) The Secretary may determine the number of Reserve officers in each grade who may be promoted annually under the provisions of this subchapter. The number which shall be so determined for each grade shall be the number deemed to be necessary to provide equitable opportunity for promotion among succeeding groups of Reserve officers and an adequate continuing strength of Reserve officers in an active status, and shall not cause the number of Reserve officers in active status in any grade to exceed the number authorized in this section for that grade." (2) Section 773 is amended by striking out the words "who holds no appointment as a commissioned officer of the Armed Forces". (3) Chapter 21 is amended by inserting the following new section after section 787: "§787a. Excessive number; elimination from active status to provide a flow of promotion " (a) Notwithstanding any other provisions of this title, whenever the Secretary shall determine it to be necessary to provide a steady flow of promotions or that there is an excessive number of Reserve officers in an active status in any grade, he may convene a board which shall consider all such Reserve officers of that grade in an active status not on active duty. The Secretary shall direct the board to select and recommend by name a specified number of such officers for retention in an active status. " (b) The Secretary may in the case of an officer not recommended for retention in an active status under subsection (a) of this section— "(1) Transfer the officer to the Retired Reserve if he is qualified and applies for transfer; " (2) Transfer the officer to the Inactive Status List, if qualified; or "(3) Discharge the officer." (4) The analysis of chapter 21 is amended by inserting the following new item between items 787 and 788: "787a. Excessive number; elimination from active status to provide a flow of promotion." SEC. 3. Section 20 of the Act of September 2, 1958, Public Law 85-861 (72 Stat. 1559), is repealed. lo u s e 3366 SEC. 4. Section 22 of the Act of September 2, 1958, Public Law "°*85-861 (72 Stat. 1560), is amended by striking out the words "and not°. " s c 3353 who was not a commissioned officer of an armed force" and inserting the words ", or who was transferred to a special branch of that corps in the lowest grade of that branch or corps" in place thereof.
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