Page:United States Statutes at Large Volume 94 Part 3.djvu/307

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-513—DEC. 12, 1980

94 STAT. 2951

OFFICERS SERVING IN GRADES ABOVE MAJOR GENERAL OR REAR ADMIRAL

SEC. 623. (a) Any officer who on the day before the effective date of this Act held a temporary appointment in the grade of lieutenant general or general under section 3066,5232, or 8066 of title 10, United States Code, or a temporary appointment in the grade of vice admiral or admiral under section 5231 of such title, shall on and after such date be considered to be serving in such grade as if such appointment had been made under section 601 of such title, as added by this Act. ObXl) Any designation of a position as a position of importance and responsibility made by the President under section 3066 or 8066 of title 10, United States Code, before the effective date of this Act, shall remain in effect, unless changed by the President, as a designation of such position as a position of importance and responsibility under section 601 of such title, as added by this Act. (2) Any position held by an officer under section 5231 or 5232 of title 10, United States Code, on the effective date of this Act shall, unless changed by the President, be deemed to be a position of importance and responsibility designated by the President under section 601 of title 10, United States Code. (c) Any officer who before the effective date of this Act served in the grade of lieutenant general, general, vice admiral, or admiral but was not serving in such grade on the day before the effective date of this Act shall for the purposes of section 1370(c) of title 10, United States Code, as added by this Act, be deemed to have held such position under an appointment made under section 601 of such title, as added by this Act.

10 USC 611 note. Ante, pp. 2878, ^^^^• " ^' ^' Ante, p. 2849.

Ante, p. 2849. Ante, p. 2896. Ante, p. 2849.

Ante, p. 2876. Ante, p. 2849.

YEARS OF SERVICE FOR INVOLUNTARY RETIREMENT OR DISCHARGE

SEC. 624. (a) In determining whether any officer of the Army, Navy, 10 USC 611 note. Air Force, or Marine Corps who was on active duty on the day before the effective date of this Act is subject to involuntary retirement or discharge under chapter 36 of title 10, United States Code, as added Ante, p. 2850. by this Act, the years of service of the officer for such purpose shall be computed by adding— (1) the amount of service creditable to such officer on the day before the effective date of this Act for the purpose of determining whether the officer is subject to involuntary retirement or discharge; and (2) all subsequent active commissioned service of such officer. (h) In the case of an officer for whom no means of computing service creditable in determining whether the officer is subject to involuntary retirement or discharge existed under the law in effect on the day before the effective date of this Act, the amount of creditable service of such officer for such purpose for the period before the effective date of this Act shall be determined under regulations prescribed by the Secretary of Defense, except that such an officer may not be credited with an amount of service less than the amount of his active commissioned service. SAVINGS PROVISION FOR CONSTRUCTIVE SERVICE PREVIOUSLY GRANTED

SEC. 625. (a) The amendments made by this Act do not affect the 10 USC 611 note, crediting of years of service to any person who on the day before the effective date of this Act—