97 STAT. 668 PUBLIC LAW 98-94—SEPT. 24, 1983 selection board for promotion to, or found qualified for Federal recognition in, a higher reserve grade may, in accordance with regulations prescribed by the Secretary of Defense and subject to the 10 USC 524. limitations of section 524 of this title, be promoted to or extended Federal recognition in such higher reserve grade and may continue to serve on active duty, or be ordered to serve on active duty, in such higher reserve grade. "(b) Notwithstanding any other provision of law, the service in grade for promotion purposes only of any reserve commissioned officer who is promoted to or extended Federal recognition in a higher reserve grade but whose promotion to or recognition in such higher reserve grade was delayed solely because of limitations imposed in accordance with regulations prescribed by the Secretary of Defense under subsection (a) or contained in section 524 of this title, is the date such officer would have been promoted to or recognized in such higher reserve grade if the limitations did not exist. In computing service in grade for the purposes of determining the date for discharge or transfer to the Retired Reserve under 10 USC 8843 e^ chapter 863 of this title, the date the officer would have been
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promoted to or recognized in such higher grade had the limitations not existed shall be considered the date of promotion to or recogni- tion in such higher grade. "(c) Regulations prescribed by the Secretary of Defense under subsection (a) shall prohibit the promotion of an officer under the authority of that subsection unless the duty assignment of the officer requires a higher grade than the grade currently held by the officer. Expiration date. "(d) The authority to promote officers under this section shall expire on September 30, 1985.". (2) The item relating to section 8380 in the table of sections at the beginning of chapter 837 of such title is amended to read as follows: "8380. Commissioned officers: promotion of reserve commissioned officers on active duty Emd not on the active duty list.". 10 USC 3360. 10 USC 8853. Effective date. 10 USC 3360 note. COMPUTATION OF YEARS OF SERVICE FOR MANDATORY TRANSFER OF CERTAIN RESERVISTS TO THE RETIRED RESERVE SEC. 1016. (a) Section 3853 of title 10, United States Code, is amended— (1) in clause (1)— (A) by inserting "and" at the end of subclause (A); and (B) by striking out the comma and "and" at the end of subclause (B) and all that follows through "Public Law 85-861"; and (2) by striking out the last sentence. (b) Sections 3360(b) and 3360(c) of such title are each amended by striking out the last sentence. (c) Section 8853 of such title is amended— (1) by inserting "and" at the end of clause (1); (2) by striking the semicolon and "and" at the end of clause (2) and inserting in lieu thereof a period; and (3) by striking out clause (3). (d) The amendments made by this section shall be effective only for the period beginning on October 1, 1983, and ending on Septem- ber 30, 1985.
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