2001—Subsec. (a). Pub. L. 107–107, § 505(a)(3)(A), substituted “Whenever the needs of the service require, the Secretary of the military department concerned” for “Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned, whenever the needs of the service require,” and inserted at end “The preceding sentence does not require the convening of a selection board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under section 624(a)(3) of this title all such officers whom the Secretary finds to be fully qualified for promotion.”
Subsec. (b). Pub. L. 107–107, § 505(a)(3)(B), substituted “Whenever the needs of the service require, the Secretary of the military department concerned” for “Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned, whenever the needs of the service require,”.
Subsec. (c). Pub. L. 107–107, § 505(a)(3)(C), added subsec. (c).
1985—Subsec. (a). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore”.
1981—Subsec. (a). Pub. L. 97–86 substituted “commodore” for “commodore admiral”.
Amendment by Pub. L. 97–86 effective
Section effective
Pub. L. 99–145, title V, § 514(e), “(1) An officer who on the day before the date of the enactment of this Act [“(2) An officer who on the day before the date of the enactment of this Act is on a list of officers selected for promotion to the grade of commodore shall as of the date of the enactment of this Act be considered to be on a list of officers selected for promotion to the grade of rear admiral (lower half).”
Parts A to C of title VI of Pub. L. 96–513, “Part A—Transition Provisions Relating Only to the Army and Air Force“regular officers serving in a higher temporary grade below lieutenant general or recommended for promotion to a higher grade“Sec. 601. (a) Except as provided in sections 603 and 604, any regular officer of the Army or Air Force who on the effective date of this Act [“(1) is serving in a temporary grade below lieutenant general that is higher than his regular grade;“(2) is on a list of officers recommended for promotion to a temporary grade below lieutenant general; or“(3) is on a list of officers recommended for promotion to a regular grade higher than the grade in which he is serving;shall be considered to have been recommended by a board convened under section 611(a) of title 10, United States Code, as added by this Act, for promotion to the regular grade equivalent to the grade in which he is serving or for which he has been recommended for promotion, as the case may be.“(b) An officer referred to in clause (1) of subsection (a) who is not promoted to the grade to which he is considered under such subsection to have been recommended for promotion because his name is removed from a list of officers who are considered under such subsection to have been recommended for promotion shall be considered under chapter 36 of title 10, United States Code, as added by this Act, for promotion to the regular grade equivalent to the temporary grade in which he was serving on the effective date of this Act [“(c) Notwithstanding section 741(d) of title 10, United States Code, as added by this Act, the date of rank of an officer referred to in subsection (a)(1) who is promoted to the temporary grade in which he is serving on the effective date of this Act [“(d)(1) Any delay of a promotion of an officer referred to in clause (2) or (3) of subsection (a) that was in effect on “(2) Any action to remove from a promotion list the name of an officer referred to in clause (2) or (3) of subsection (a) that was initiated before “reserve officers serving in a higher temporary grade below lieutenant general or recommended for promotion to a higher grade“Sec. 602. (a)(1) Except as provided in subsection (b) and sections 605 and 606, any reserve officer of the Army or Air Force who on the effective date of this Act [“(A) is serving in a temporary grade below lieutenant general that is higher than his reserve grade; or“(B) is on a list of officers recommended for promotion to a temporary grade below lieutenant general that is the same as or higher than his reserve grade;shall be considered to have been recommended by a board convened under section 611(a) of title 10, United States Code, as added by this Act, for promotion to the reserve grade equivalent to the grade in which he is serving or for which he has been recommended for promotion, as the case may be.“(2) Notwithstanding section 741(d) of title 10, United States Code, as added by this Act, the date of rank of an officer referred to in paragraph (1)(A) who is promoted to the grade to which he is considered under such paragraph to have been recommended for promotion is the date of his temporary appointment in that grade.“(b) A reserve officer of the Army or Air Force who on the effective date of this Act [“(1) is subject to placement on the active-duty list of his armed force;“(2) is serving on active duty in a temporary grade; and“(3) either holds a reserve grade higher than the temporary grade in which he is serving or is on a list of officers recommended for promotion to a reserve grade higher than the temporary grade in which he is serving,shall while continuing on active duty retain such temporary grade and shall be considered for promotion under chapter 36 of title 10, United States Code, as added by this Act, to a grade equal to or lower than his reserve grade as if such temporary grade is a permanent grade. If such officer is recommended for promotion under such chapter to such a grade, his appointment to such grade shall be a temporary appointment.“(c)(1) Any delay of a promotion of an officer referred to in clause (B) of subsection (a)(1) that was in effect on “(2) Any action to remove from a promotion list the name of an officer referred to in clause (B) of subsection (a)(1) that was initiated before “regular officers once failed of selection for promotion“Sec. 603. (a) An officer of the Army or Air Force who on the effective date of this Act [“(1) holds the regular grade of first lieutenant, captain, or major; and“(2) has been considered once but not recommended for promotion to the next higher regular grade by a selection board convened under the laws in effect on the day before the effective date of this Act,shall, within one year after the effective date of this Act, be considered for promotion to the next higher regular grade by a selection board convened by the Secretary concerned under the laws in effect on the day before the effective date of this Act.“(b)(1)(A) An officer described in subsection (a) who is recommended for promotion by the selection board which considers him pursuant to such subsection shall be considered to have been recommended for promotion to the next higher regular grade or the grade in which he is serving, whichever grade is higher, by a board convened under section 611(a) of title 10, United States Code, as added by this Act. Notwithstanding section 741(d) of title 10, United States Code, as added by this Act, the date of rank of an officer referred to in the preceding sentence who was serving in the temporary grade equivalent to the grade to which he is considered to have been recommended for promotion and who is promoted to that grade is the date of his temporary appointment in that grade.“(2) An officer described in subsection (a) who is not recommended for promotion by such board shall, unless continued on active duty under section 637 of such title, as added by this Act, be retired, if eligible to retire, be discharged, or be continued on active duty until eligible to retire and then be retired, under the laws applicable on the day before the effective date of this Act [“regular officers twice failed of selection for promotion“Sec. 604. An officer of the Army or Air Force who on the day before the effective date of this Act [“(1) holds the regular grade of first lieutenant, captain, or major; and“(2) has twice failed of selection for promotion to the next higher regular grade,shall, unless continued on active duty under section 637 of title 10, United States Code, as added by this Act, be retired, if eligible to retire, be discharged, or be continued on active duty until eligible to retire and then be retired, under the laws in effect on the day before the effective date of this Act.“reserve officers once failed of selection for promotion“Sec. 605. (a) A reserve officer of the Army or Air Force who on the effective date of this Act [“(1) is on active duty and subject to placement on the active-duty list of his armed force;“(2) holds the reserve grade of first lieutenant, captain, or major; and“(3) has been considered once but not selected for promotion to the next higher reserve grade under section 3366, 3367, 8366, or 8367 [see section 14301 et seq. of this title], as appropriate, of title 10, United States Code,shall, unless sooner promoted, be considered again for promotion to that grade by a selection board convened under section 3366, 3367, 8366, or 8367, as appropriate, of such title.“(b)(1) An officer described in subsection (a) who is serving on active duty in a temporary grade higher than his reserve grade on the effective date of this Act [“(2) An officer described in subsection (a) who is serving on active duty in a temporary grade equivalent to or lower than his reserve grade on the effective date of this Act [“(3) An officer described in subsection (a) who is not recommended for promotion by the selection board which considers him pursuant to such subsection shall be governed by section 3846 or 8846, as appropriate, of title 10, United States Code, as a deferred officer.“reserve officers twice failed of selection for promotion“Sec. 606. An officer of the Army or Air Force who on the day before the effective date of this Act [“(1) was on active duty and subject to placement on the active-duty list of his armed force; and“(2) held the reserve grade of first lieutenant, captain, or major; and“(3) was considered to have twice failed of selection for promotion to the next higher reserve grade,shall be governed by [former] section 3846 or 8846, as appropriate, of title 10, United States Code, as a deferred officer.“entitlement to severance pay or separation pay of officers separated or discharged pursuant to this part“Sec. 607. (a) An officer who is discharged in accordance with section 603(b)(2) or 604 is entitled, at his election, to—“(1) the severance pay to which he would have been entitled under the laws in effect before the effective date of this Act [“(2) separation pay, if eligible therefor, under section 1174(a) of title 10, United States Code, as added by this Act.“(b) An officer who is separated in accordance with section 605(b)(3) or 606 is entitled, at his election, to—“(1) readjustment pay under section 687 of title 10, United States Code, as in effect on the day before the effective date of this Act [“(2) separation pay, if eligible therefor, under section 1174(c) of title 10, United States Code, as added by this Act.“special tenure provisions for officers serving in temporary grades of brigadier general and major general“Sec. 608. (a) Notwithstanding section 635 or 636 of title 10, United States Code, as added by this Act, but subject to subsection (b), a regular officer of the Army or Air Force—“(1) who on the effective date of this Act [“(2) whose regular grade on such date is below such temporary grade; and“(3) who is promoted pursuant to section 601(a) to the regular grade equivalent to such temporary grade,shall be subject to mandatory retirement for years of service in accordance with the laws applicable on the day before the effective date of this Act to officers in the permanent grade he held on such date. However, such an officer shall not be subject to a mandatory retirement date which is earlier than the first day of the month following the month of the thirtieth day after he completes 30 years of service as computed under section 3927(a) or 8927(a), as appropriate, of title 10, United States Code, as in effect on the day before the effective date of this Act.“(b)(1) The Secretary of the Army or the Secretary of the Air Force, as appropriate, may convene selection boards under this section for the purpose of recommending from among officers described in subsection (a) officers to be selected to be subject to mandatory retirement for years of service in accordance with the laws applicable on the day before the effective date of this Act [“(2) Upon the recommendation of a selection board convened under this section, the Secretary concerned may select officers described in subsection (a) to be subject to mandatory retirement in accordance with the provisions of section 3922, 3923, 8922, or 8923, as appropriate, of title 10, United States Code, as in effect on the day before the effective date of this Act [“(3) Any selection board convened under this section shall be convened in accordance with the provisions of section 3297 or 8297, as appropriate, of title 10, United States Code, as in effect on the day before the effective date of this Act [“(c) This section does not apply to an officer who—“(1) is sooner retired or separated under another provision of law;“(2) is promoted to the permanent grade of brigadier general pursuant to section 601(a) and is subsequently promoted to the permanent grade of major general under chapter 36 of title 10, United States Code, as added by this Act; or“(3) is continued on active duty under section 637 of title 10, United States Code, as added by this Act.“right of majors and colonels to complete years of service allowed under prior law“Sec. 609. (a)(1) Subject to paragraph (2), an officer of the Army or Air Force who on the effective date of this Act [“(A) holds the regular grade of major; or“(B) is on a list of officers recommended for promotion to the regular grade of major,shall be retained on active duty until he completes twenty-one years of service as computed under section 3927(a) or 8927(a), as appropriate, of title 10, United States Code (as in effect on the day before the effective date of this Act), and then be retired under the provisions of section 3913 or 8913 of such title (as in effect on the day before the effective date of this Act) on the first day of the month after the month in which he completes that service.“(2) Paragraph (1) does not apply to an officer who—“(A) is sooner retired or separated under another provision of law;“(B) is promoted to the regular grade of lieutenant colonel; or“(C) is continued on active duty under section 637 of title 10, United States Code, as added by this Act.“(b)(1) Subject to paragraph (2), an officer of the Army or Air Force who on the effective date of this Act [“(A) holds the regular grade of colonel; or“(B) is on a list of officers recommended for promotion to the regular grade of colonel,shall be retired under section 3921 or 8921 [now 7321 or 9321], as appropriate, of such title (as in effect on the day before the effective date of this Act).“(2) Paragraph (1) does not apply to an officer who—“(A) is sooner retired or separated under another provision of law;“(B) is promoted to the regular grade of brigadier general; or“(C) is continued on active duty under section 637 of title 10, United States Code, as added by this Act.“regular officers whose retirement has been deferred“Sec. 610. A regular officer of the Army or Air Force serving on active duty on the effective date of this Act [“(1) under a provision of such chapter; or“(2) by virtue of a suspension, under any provision of law, of provisions of such chapter which would otherwise require such retirement,may continue to serve on active duty to complete the period for which his retirement was deferred or until such suspension is removed.“Part B—Transition Provisions Relating Only to the Navy and Marine Corps“officers serving in a temporary grade below vice admiral or lieutenant general or recommended for promotion“Sec. 611. (a) Subject to subsection (b), any regular officer of the Navy or Marine Corps, and any reserve officer of the Navy and Marine Corps who on the effective date of this Act [“(1) is serving on active duty in a temporary grade below vice admiral or lieutenant general that is higher than his permanent grade; or“(2) is on a promotion list,shall be considered to have been recommended for promotion to the permanent grade equivalent to the grade in which he is serving or for which he has been recommended for promotion, as the case may be, by a board convened under section 611(a) of title 10, United States Code, as added by this Act.“(b) This section does not apply to an officer—“(1) serving in a temporary grade which, by its own terms, is limited in duration;“(2) designated for limited duty in a grade to which he was appointed under section 5596 [now 8146] of title 10, United States Code, before the effective date of this Act [“(3) recommended for promotion or promoted to a grade under section 5787 of such title, as in effect before the effective date of this Act.“(c)(1) Any delay of a promotion of an officer referred to in clause (2) of subsection (a) that was in effect on “(2) Any action to remove from a promotion list the name of an officer referred to in clause (2) of subsection (a) which was initiated before “officers failed of selection for promotion“Sec. 612. (a) Except as provided in subsection (b), an officer of the Navy or Marine Corps who on the effective date of this Act [“(b) An officer who during fiscal year 1981—“(1) failed twice of selection for promotion to the grade of either lieutenant or lieutenant commander, in the case of an officer in the Navy, or to either captain or major, in the case of an officer in the Marine Corps; and“(2) had not previously failed of selection for promotion to that grade,may not, because of such failures of selection, be involuntarily separated, involuntarily discharged, or retired under chapter 36 of title 10, United States Code, as added by this Act, before “right of certain officers to retire under prior law“Sec. 613. (a)(1) Subject to paragraph (2), an officer who on “(A) holds the grade of lieutenant commander, commander, or captain in the Regular Navy or the grade of major, lieutenant colonel, or colonel in the Regular Marine Corps; or“(B) is on a promotion list to any such grade,shall be retired on the date provided under the laws in effect on “(2) This subsection does not apply to an officer—“(A) removed from active duty under section 1184 of title 10, United States Code, as added by this Act;“(B) promoted to a higher grade in the Regular Navy or Regular Marine Corps;“(C) continued on active duty under section 637 of title 10, United States Code, as added by this Act; or“(D) selected for early retirement under section 638 of title 10, United States Code.“(b)(1) An officer of the Navy who on “(A) has the grade of rear admiral in the Regular Navy; or“(B) was on a promotion list to such grade,shall be continued on active duty or retired in accordance with the laws in effect on “(2) An officer of the Marine Corps who on “(A) has the grade of brigadier general in the Regular Marine Corps; or“(B) was on a promotion list to such grade,shall be retired in accordance with the laws in effect on “transition provisions to new commodore grade“Sec. 614. (a)(1) An officer of the Navy who on the day before the effective date of this Act [“(A) was serving on active duty in the grade of rear admiral and was receiving the basic pay of a rear admiral of the upper half; or“(B) was serving on active duty in the grade of admiral or vice admiral and would have been entitled to receive the basic pay of a rear admiral of the upper half had he not been serving in such grade on such date,shall after such date hold the permanent grade of rear admiral.“(2) An officer of the Navy who on the day before the effective date of this Act [“(A) was serving on active duty in the grade of rear admiral and was receiving the basic pay of a rear admiral of the lower half; or“(B) was serving on active duty in the grade of admiral or vice admiral and would have been entitled to receive the basic pay of a rear admiral of the lower half had he not been serving in such grade on such date,shall after such date hold the permanent grade of commodore, but shall retain the title of rear admiral.“(3) An officer who on the day before the effective date of this Act [“(b) An officer who on the day before the effective date of this Act [“(1) was serving on active duty in the grade of rear admiral and was entitled to the basic pay of a rear admiral of the lower half; or“(2) was on a list of officers recommended for promotion to the grade of rear admiral,shall, on and after the effective date of this Act, or in the case of an officer on such a list, upon promotion to the grade of commodore, be entitled to wear the uniform and insignia of a rear admiral.“(c) Except as otherwise provided by law, an officer of the Navy who on the day before the effective date of this Act [“(1) holds the grade and has the right to wear the uniform and insignia of a rear admiral; and“(2) ranks among commissioned officers of the armed forces as and is entitled to the basic pay of—“(A) a commodore, if his retired pay was based on the basic pay of a rear admiral of the lower half on the day before the effective date of this Act; or“(B) a rear admiral, if his retired pay was based on the basic pay of a rear admiral of the upper half on the day before the effective date of this Act.“(d)(1) An officer of the Navy who—“(A) on the effective date of this Act [“(i) was serving on active duty in the grade of rear admiral and was entitled to the basic pay of a rear admiral of the lower half or was serving on active duty in the grade of admiral or vice admiral and would have been entitled to receive the basic pay of a rear admiral of the lower half had he not been serving in such grade on such date; or“(ii) was on a list of officers recommended for promotion to the grade of rear admiral; and“(B) after such date holds the permanent grade of commodore pursuant to subsection (a),shall not be subject to the provisions of chapter 36 of title 10, United States Code, as added by this Act, relating to selection for promotion and promotion to the next higher grade.“(2) Officers to whom this subsection applies become entitled to hold the permanent grade of rear admiral under the circumstances prescribed for entitlement to the basic pay of a rear admiral of the upper half under the provisions of subsections (a) through (d) of section 202 of title 37, United States Code, as in effect on the day before the effective date of this Act [“(e) Unless entitled to a higher grade under another provision of law, an officer of the Navy who on the day before the effective date of this Act [“(1) was serving on active duty; and“(2) held the grade of rear admiral;and who retires on or after the effective date of this Act, retires in the grade of rear admiral and is entitled to wear the uniform and insignia of a rear admiral. If such an officer is ordered to active duty after his retirement, he is considered, for the purposes of determining his pay, uniform and insignia, and rank among other commissioned officers, as having held the grade of rear admiral on the retired list on the day before the effective date of this Act.“(f) A reserve officer of the Navy who on the day before the effective date of this Act [“female officers“Sec. 615. (a) Except as provided under subsection (c), each regular officer who on the effective date of this Act [“(b) Each officer of the Navy who on the effective date of this Act [“(c) Any officer who on the effective date of this Act [“(d) Each officer reappointed in a staff corps pursuant to subsection (b) or appointed in a staff corps under subsection (c) shall be considered for all purposes as having been originally appointed in such staff corps in accordance with the provisions of title 10, United States Code, as amended by this Act.“(e) Except as otherwise specifically provided by law, all provisions of law relating to appointment, promotion, separation, and retirement which are applicable to male officers of the Regular Navy or Regular Marine Corps, as appropriate, apply to officers reappointed pursuant to subsection (a) or (b) or appointed under subsection (c).“(f)(1) As soon as practicable after completion of the appointments and reappointments provided for in subsections (a), (b), and (c), the name of each officer so appointed or reappointed shall be entered on the appropriate active-duty list of the Navy or the Marine Corps in a position among officers of her grade determined in accordance with regulations prescribed by the Secretary of the Navy. Such officers shall be placed on the appropriate active-duty list without change in their relative positions held on the lineal list or any list for promotion established for them while they were serving under an appointment under any provision of title 10, United States Code, repealed by this Act.“(2) Any female officer—“(A) who, by virtue of her date of rank and other considerations, would be placed on a list of officers eligible for consideration for promotion in a position senior to an officer who has failed of selection for promotion one or more times; and“(B) who is considered to have failed of selection for promotion once or is considered to have never failed of selection for promotion,shall, for purposes of determining her eligibility for consideration for promotion to the next higher grade, be considered with those officers who are considered to have failed of selection for promotion once, or who are considered never to have failed of selection for promotion, as the case may be.“(3) A female officer who is considered to have failed of selection for promotion one or more times and whose position on the active-duty list is junior to the position of any male officer who is considered to have failed of selection for promotion a fewer number of times or not at all may not derive any advantage in the selection process by virtue of such position on the active-duty list.“(g) Except as provided in section 638 of title 10, United States Code, as added by this Act, a regular officer of the Navy or Marine Corps appointed under section 5590 of such title who—“(1) before the effective date of this Act [“(2) is not selected for promotion to a higher regular grade on or after such effective date,may not be retired earlier than such officer would have been retired had this Act not been enacted.“(h)(1) Any officer who—“(A) on the effective date of this Act [“(B) under section 6396(c) or 6401 of title 10, United States Code (as in effect on the day before the effective date of this Act), would have been discharged on June 30 of the fiscal year in which that officer (i) was not on a promotion list, and (ii) had completed 13 years of active commissioned service; and“(C) because of the enactment of this Act, is subject to discharge under section 632 of such title because such officer has twice failed of selection for promotion,shall, if such officer has not completed 13 years of active commissioned service at the time otherwise prescribed for the discharge of such officer under such section and such officer so requests, not be discharged until June 30 of the fiscal year in which the officer completes 13 years of active commissioned service.“(2) Any officer who—“(A) on the effective date of this Act [“(B) under section 6396(d) or 6402 of title 10, United States Code (as in effect on the day before the effective date of this Act), would have been discharged on June 30 of the fiscal year in which that officer (i) was not on a promotion list, and (ii) had completed 7 years of active commissioned service; and“(C) because of the enactment of this Act, is subject to discharge under section 631 of such title because such officer has twice failed of selection for promotion,shall, if that officer has not completed 7 years of active commissioned service at the time otherwise prescribed for such discharge under such section and such officer so requests, not be discharged until June 30 of the fiscal year in which the officer completes 7 years of active commissioned service.“limited-duty officers“Sec. 616. (a) An officer of the Regular Navy or Regular Marine Corps who on the effective date of this Act [“(b) Any female member of the Navy who on “(c) An officer of the Navy or Marine Corps who on “certain navy lieutenants holding temporary appointments in the grade of lieutenant commander“Sec. 617. Any officer who on the effective date of this Act [“director of budget and reports of the navy“Sec. 618. (a) An officer of the Navy who on the day before the effective date of this Act [“contingency authority for navy promotions under prior law“Sec. 619. If necessary because of unforeseen circumstances, the Secretary of the Navy, during fiscal year 1982, may convene boards to select officers for promotion under chapters 545 and 549 of title 10, United States Code, as in effect on “retention on active duty of certain reserve lieutenant commanders“Sec. 620. Notwithstanding section 6389 [now 8373] of title 10, United States Code, an officer who on “(1) holds the grade of lieutenant commander in the Naval Reserve [now Navy Reserve];“(2) is on active duty as the result of recall orders accepted subsequent to a break in active commissioned service;“(3) is subject to placement on the active-duty list; and“(4) is considered—“(A) to have failed of selection for promotion to the grade of commander one or more times under chapter 545 of title 10, United States Code, as in effect on “(B) to have been later considered to have failed of selection for promotion to the grade of commander one or more times under chapter 36 of title 10, United States Code, as added by this Act,may be retained on active duty by the Secretary of the Navy for such period as the Secretary considers appropriate.“Part C—General Transition Provisions“establishment of initial active-duty lists“Sec. 621. (a)(1) Not later than 6 months after the effective date of this Act [“(2) Regulations prescribed under section 620 of title 10, United States Code, as added by this Act, shall be applicable to the placement of officers on the active-duty list under paragraph (1).“(b) Under regulations prescribed by the Secretary of Defense, which shall apply uniformly among the Army, Navy, Air Force, and Marine Corps, the Secretary of the military department concerned, in order to maintain the relative seniority among officers of the Army, Navy, Air Force, and Marine Corps as it existed on “(1) below the grade of brigadier general or commodore during the one-year period beginning on “(2) above the grade of colonel or, in the case of the Navy, captain until there are no longer any officers to whom section 614(d) is applicable.“officers serving in the same temporary grade and permanent grade; date of rank“Sec. 622. (a) Any officer of the Army, Navy, Air Force, or Marine Corps who on the effective date of this Act [“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 [“(b)(1) 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 [“(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 [“(c) Any officer who before the effective date of this Act [“years of service for involuntary retirement or discharge“Sec. 624. (a) In determining whether any officer of the Army, Navy, Air Force, or Marine Corps who was on active duty on the day before the effective date of this Act [“(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.“(b) In the case of an officer subject to placement on the active-duty list on “savings provision for constructive service previously granted“Sec. 625. (a) The amendments made by this Act do not affect the crediting of years of service to any person who on the day before the effective date of this Act [“(1) had been credited with years of service upon an original appointment as an officer or after such an appointment; or“(2) was participating in a program leading to an appointment as an officer in the Army, Navy, Air Force, or Marine Corps and the crediting of years of service.“(b)(1) Any officer who on the effective date of this Act [“(2) Any person who on the day before the effective date of this Act [“miscellaneous provisions relating to years of service“Sec. 626. (a) For the purpose of computing the years of service for pay and allowances of an officer of the Army, Navy, Air Force, or Marine Corps, including retired pay, severance pay, readjustment pay, separation pay, and basic pay, the total years of service of such officer shall be computed by adding to that service so creditable on the day before the effective date of this Act [“(b) An officer of the Army, Navy, Air Force, or Marine Corps who was on active duty on the effective date of this Act [“(c) The service that an officer of the Army, Navy, Air Force, or Marine Corps has in a particular grade is the sum of—“(A) the years, months, and days of service in that grade accrued under the laws in effect before the effective date of this Act [“(B) the years, months, and days of service in that grade accrued under the laws in effect on and after the effective date of this Act.“transition to officer grade-strength tables during fiscal year 1981“Sec. 627. For the fiscal year ending on “right of commissioned officers with permanent enlisted or warrant officer status to retire in highest enlisted or warrant officer grade held“Sec. 628. (a) A member of the Army, Navy, Air Force, or Marine Corps who—“(1) on the day before the effective date of this Act [“(2) on or after the effective date of this Act and before completing 10 years of commissioned service for purposes of retirement eligibility under section 3911, 6323, or 8911 [now 7311, 8323, or 9311] of title 10, United States Code, completes 20 years of total service, as determined under section 1405 of such title,is entitled to retire or transfer to the Fleet Reserve or Fleet Marine Corps Reserve in the highest grade he held as an enlisted member or a warrant officer.“savings provision for retired grade for officers not subsequently promoted“Sec. 629. In applying [former] section 1370(a)(2) of title 10, United States Code, as added by this Act, to an officer of the Army, Navy, Air Force, or Marine Corps who was on active duty on the day before the effective date of this Act [“exemption of certain officers from selective early retirement provisions“Sec. 630. An officer of the Army, Navy, Air Force, or Marine Corps who was recommended for continuation on the active list under the Act entitled ‘An Act to provide improved opportunity for promotion for certain officers in the naval service, and for other purposes’, approved “savings provision for entitlement to readjustment pay or severance pay under prior provisions of law“Sec. 631. (a) A member of the Army, Navy, Air Force, or Marine Corps who—“(1) was on active duty (other than for training) on “(2) after such date is involuntarily discharged or released from active duty under any provision of title 10, United States Code, as in effect after such date,is entitled to receive any readjustment payment or severance pay to which he would have been entitled under laws in effect on “(b) If a member who is entitled to receive a readjustment payment or severance pay under subsection (a) is also eligible to receive separation pay under section 1174 of title 10, United States Code, as added by this Act, the member may not receive both the readjustment payment and severance pay under laws in effect on “officers on active duty in grade above general“Sec. 632. Section 1251 of title 10, United States Code, as added by this Act, relating to mandatory retirement for age, shall not apply to any officer who on the effective date of this Act [“definitions“Sec. 633. For the purposes of this title:“(1) The term ‘officer’ does not include warrant officers.“(2) The term ‘active-duty list’ means the active-duty list established by the Secretary of the military department concerned pursuant to section 620 of title 10, United States Code, as added by this Act.“savings provision for retired grade of certain reserve officers“Sec. 634. Unless entitled to a higher grade under any other provision of law, a member of the Army or Air Force who is a reserve officer and who—“(1) is on active duty on “(2) after such date retires under section 3911 or 8911 [now 7311 or 9311] of title 10, United States Code,is entitled to retire in the reserve grade which he held or to which he had been selected for promotion on “savings provision for original appointment in certain grades under existing regulations“Sec. 635. Any person who before “(1) was selected for participation in a postbaccalaureate educational program leading to an appointment as a commissioned officer or had completed a postbaccalaureate program and was selected for appointment as a commissioned officer of the Army, Navy, Air Force, or Marine Corps;“(2) under regulations of the Secretary of the military department concerned in effect on “(3) had not been so appointed and ordered to active duty,may be appointed and ordered to active duty in such grade with a date of rank and position on the active-duty list junior to that of all other officers of the same grade and competitive category serving on active duty.“retention in grade of certain reserve officers“Sec. 636. A reserve officer of the Army, Navy, Air Force, or Marine Corps who on “(1) is serving on active duty (A) under section 10(b)(2) of the Military Selective Service Act (50 U.S.C. App. 460(b)(2)) [now 50 U.S.C. 3809(b)(2)] for the administration of the Selective Service System, or (B) under section 708 of title 32; and“(2) is serving in a temporary grade or is selected for promotion to a temporary grade,may continue to serve in or may be promoted to and serve in such grade until promoted to a higher grade, separated, or retired.“savings provision regarding discharge of regular officers“Sec. 637. An officer of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps who on “repayment of readjustment and severance pay“Sec. 638. Notwithstanding section 1174(h) of title 10, United States Code, as added by this Act, a person who received readjustment or severance pay before “savings provision for promotion consideration of certain retired officers“Sec. 639. Notwithstanding sections 619, 620, and 641(4) of title 10, United States Code, a retired officer serving on active duty on the date of the enactment of this section [“(1) was eligible for consideration for promotion on that date; and“(2) has served continuously on active duty since that date,may be considered for promotion (under regulations prescribed by the Secretary of the military department concerned) by a selection board that convenes after the date of the enactment of this section as if he had been placed on the active-duty list pursuant to section 621 of this Act.”
[In determining retired grade of certain commissioned officers of the Armed Forces who retire after