Page:United States Statutes at Large Volume 95.djvu/153

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PUBLIC LAW 97-000—MMMM. DD, 1981

PUBLIC LAW 97-22—JULY 10, 1981

95 STAT. 127

(2) Subsection (c) of such section is amended by striking out "in the grade of first lieutenant or lieutenant (junior grade) under this section" and inserting in lieu thereof "under this section in the grade of first lieutenant or captain or lieutenant (junior grade) or lieutenant". (3) Subsection (d) of such section is amended— (A) by striking out "The Secretary concerned may delay the appointment of an officer under this section if—" in paragraph (1) and inserting in lieu thereof "Under regulations prescribed by the Secretary concerned, the appointment of an officer under this section may be delayed if—"; (B) by inserting "then unless action to delay an appointment has also been taken under subsection (d)(2)" after "as the case may be," in the second sentence of paragraph (1); (C) by striking out "The Secretary concerned may also delay the appointment of an officer to the next higher grade under this section in any case in which the Secretary finds that" in paragraph (2) and inserting in lieu thereof "Under regulations prescribed by the Secretary concerned, the appointment of an officer under this section may also be delayed in any case in which"; (D) by striking out the period at the end of the first sentence of paragraph (3) and inserting in lieu thereof ", unless it is impracticable to give such written notice before the effective date of the appointment, in which case such written notice shall be given as soon as practicable."; and (E) by striking out "by the Secretary" in the second sentence of paragraph (3). (e)(1) Section 637(b) of such title (as added by section 105 of the Act 10 USC 637. (94 Stat. 2864)) is amended by striking out "section 633, 634, 635, or 636" in paragraph (1) and inserting in lieu thereof "section 633 or 634". (2) Paragraph (2) of such section is amended to read as follows: Retirement "(2) An officer subject to retirement under section 635 or 636 of this deferments. title who is serving in the grade of brigadier general, commodore admiral, major general, or rear admiral may, subject to the needs of the service, have his retirement deferred and be continued on active duty by the Secretary concerned. An officer subject to retirement under section 635 or 636 of this title who is serving in a grade above major general or rear admiral may have his retirement deferred and be continued on active duty by the President.". (f) Section 638(a) of such title (as added by section 105 of the Act (94 Stat. 2864)) is amended by striking out "four" in clauses (3) and (4) and inserting in lieu thereof "three and one-half. (g) Section 689 of such title (as added by section 106 of the Act (94 Stat. 2868)) is amended by striking out the period and inserting in lieu thereof ", except that a reserve officer who is credited with service under section 3353, 5600, or 8353 of this title and is ordered to active duty may be ordered to active duty in a reserve grade and with a date of rank and position on the active-duty list determined under regulations prescribed by the Secretary of Defense based upon the amount of service credited.". (h)(1) The table in subsection (a) of section 741 of such title (as amended by section 107 of the Act (94 Stat. 2869)) is amended to read as follows: