
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 505(a)(3)]
[CITE: 10USC611]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
    CHAPTER 36--PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF 
                    OFFICERS ON THE ACTIVE-DUTY LIST
 
                     SUBCHAPTER I--SELECTION BOARDS
 
Sec. 611. Convening of selection boards

    (a) Under regulations prescribed by the Secretary of Defense, the 
Secretary of the military department concerned, whenever the needs of 
the service require, shall convene selection boards to recommend for 
promotion to the next higher permanent grade, under subchapter II of 
this chapter, officers on the active-duty list in each permanent grade 
from first lieutenant through brigadier general in the Army, Air Force, 
or Marine Corps and from lieutenant (junior grade) through rear admiral 
(lower half) in the Navy.
    (b) Under regulations prescribed by the Secretary of Defense, the 
Secretary of the military department concerned, whenever the needs of 
the service require, may convene selection boards to recommend officers 
for continuation on active duty under section 637 of this title or for 
early retirement under section 638 of this title.

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2851; 
amended Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec. 1, 1981, 95 Stat. 
1105; Pub. L. 99-145, title V, Sec. 514(b)(1), Nov. 8, 1985, 99 Stat. 
628.)


                               Amendments

    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''.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section 
405(f) of Pub. L. 97-86, set out as a note under section 101 of this 
title.


                             Effective Date

    Subchapter effective Sept. 15, 1981, but the authority to prescribe 
regulations under this subchapter effective on Dec. 12, 1980, see 
section 701 of Pub. L. 96-513, set out as an Effective Date of 1980 
Amendment note under section 101 of this title.


Transition From Grade of Commodore to Grade of Rear Admiral (Lower Half)

    Section 514(e) of Pub. L. 99-145 provided that:
    ``(1) An officer who on the day before the date of the enactment of 
this Act [Nov. 8, 1985] is serving in or has the grade of commodore 
shall as of the date of the enactment of this Act be serving in or have 
the grade of rear admiral (lower half).
    ``(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).''


   Transition Provisions Covering 1980 Amendments by Defense Officer 
                Personnel Management Act [Pub. L. 96-513]

    Parts A to C of title VI of Pub. L. 96-513, as amended by Pub. L. 
97-22, Sec. 8(a)-(n), July 10, 1981, 95 Stat. 132-135; Pub. L. 97-86, 
title IV, Sec. 405(d)(1), (2)(A), (e), (f), Dec. 1, 1981, 95 Stat. 1106, 
eff. Sept. 15, 1981; Pub. L. 98-525, title V, Secs. 530-532, Oct. 19, 
1984, 98 Stat. 2527; Pub. L. 100-456, div. A, title V, Sec. 503, Sept. 
29, 1988, 102 Stat. 1967, provided that:

                ``TITLE VI--TRANSITION PROVISIONS


 ``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 [Sept. 15, 1981, except as otherwise provided in section 701 of 
Pub. L. 96-513, set out as an Effective Date of 1980 Amendment note 
under section 101 of this title] is on active duty and--
        ``(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 [Sept. 15, 1981] as if he were 
serving in his regular grade.
    ``(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 [Sept. 15, 1981] is the 
date of his temporary appointment in that grade.
    ``(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 September 14, 
1981, under the laws and regulations in effect on such date shall 
continue in effect on and after September 15, 1981, as if such promotion 
had been delayed under section 624(d) of title 10, United States Code, 
as added by this Act.
    ``(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 September 15, 1981, under the laws and regulations in 
effect before such date shall continue on and after such date as if such 
removal action had been initiated under section 629 of title 10, United 
States Code, as added by this Act.


``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 [Sept. 15, 1981] is subject to placement on 
the active-duty list of his armed force and--
        ``(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 [Sept. 15, 1981]--
        ``(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 September 14, 
1981, under the laws and regulations in effect on such date shall 
continue in effect on and after September 15, 1981, as if such promotion 
has been delayed under section 624(d) of title 10, United States Code, 
as added by this Act.
    ``(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 September 15, 1981, under the laws and regulations in 
effect before such date shall continue on and after such date as if such 
removal action had been initiated under section 629 of title 10, United 
States Code, as added by this Act.


        ``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 [Sept. 15, 1981]--
        ``(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 [Sept. 15, 1981].


       ``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 [Sept. 15, 1981]--
        ``(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 [Sept. 15, 1981]--
        ``(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 [Sept. 15, 1981] and who is recommended by 
the selection board which considers him pursuant to such subsection for 
promotion to the reserve grade equivalent to the temporary grade in 
which he is serving on such date shall be considered as having been 
recommended for promotion to that reserve grade in the report of a 
selection 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 is promoted to the reserve 
grade equivalent to the temporary grade in which he is serving on such 
date is the date of his temporary appointment in that grade.
    ``(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 [Sept. 15, 1981] and who is 
recommended by the selection board which considers him pursuant to such 
subsection for promotion to a reserve grade higher than the temporary 
grade in which he was serving on such date shall be considered as having 
been recommended for promotion to that reserve grade in the report of a 
selection board convened under section 3366, 3367, 8366, or 8367 [see 
section 14301 et seq. of this title], as appropriate, of such title. If 
such an officer is not ordered to active duty in his reserve grade, he 
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 to such 
grade.
    ``(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 [Sept. 15, 1981]--
        ``(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 
    [Sept. 15, 1981]; or
        ``(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 [Sept. 15, 1981]; or
        ``(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 [Sept. 15, 1981] is 
    serving in or is on a list of officers recommended for promotion to 
    the temporary grade of brigadier general or major general;
        ``(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 [Sept. 15, 1981] to 
officers in the permanent grade to which such officers were promoted 
pursuant to section 601(a) or to officers in a lower permanent grade 
higher than the permanent grade held by such officers 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 [Sept. 15, 1981], rather than in the manner 
described in subsection (a).
    ``(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 [Sept. 15, 1981].
    ``(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 [Sept. 15, 1981]--
        ``(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 [Sept. 15, 1981]--
        ``(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, 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 [Sept. 15, 1981] whose 
retirement under chapter 367 or 867 of title 10, United States Code, has 
been deferred before that date--
        ``(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 [Sept. 15, 1981] is subject 
to placement on the active-duty list, 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 of title 10, United States Code, before 
    the effective date of this Act [Sept. 15, 1981]; or
        ``(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 September 14, 1981, 
under the laws and regulations in effect on such date, shall continue in 
effect on and after September 15, 1981, as if such promotion had been 
delayed under section 624(d) of title 10, United States Code, as added 
by this Act.
    ``(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 September 15, 1981, under the laws and regulations in effect 
before such date shall continue on and after such date as if such 
removal action had been initiated under section 629 of title 10, United 
States Code, as added by this Act.


              ``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 [Sept. 
15, 1981] is considered to have failed of selection for promotion one or 
more times to a grade below the grade of captain, in the case of an 
officer of the Navy, or below the grade of colonel, in the case of an 
officer of the Marine Corps, is subject to chapter 36 of title 10, 
United States Code, as added by this Act, as if such failure or failures 
had occurred under the provisions of such chapter.
    ``(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 June 30, 
1982, unless the officer so requests.


          ``right of certain officers to retire under prior law

    ``Sec. 613. (a)(1) Subject to paragraph (2), an officer who on 
September 15, 1981--
        ``(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 
September 14, 1981, except that an officer for whom no means can be 
established under the laws in effect on September 14, 1981, for 
computing creditable service in determining whether the officer is 
subject to involuntary retirement shall be retired under chapter 573 of 
title 10, United States Code, as in effect on September 14, 1981, on the 
basis of the years of service of such officer as determined under 
regulations prescribed under section 624(b).
    ``(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 September 14, 1981--
        ``(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 September 14, 1981.
    ``(2) An officer of the Marine Corps who on September 14, 1981--
        ``(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 September 14, 
1981.


             ``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 [Sept. 15, 1981]--
        ``(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 [Sept. 15, 1981]--
        ``(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 [Sept. 15, 1981] was on a list of officers recommended for promotion 
to the grade of rear admiral shall, upon promotion, hold the grade of 
commodore with the title of rear admiral.
    ``(b) An officer who on the day before the effective date of this 
Act [Sept. 15, 1981]--
        ``(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 [Sept. 15, 1981] 
held the grade of rear admiral on the retired list or the temporary 
disability retired list retains the grade of rear admiral and is 
entitled after such date to wear the uniform and insignia of a rear 
admiral. Such an officer, when ordered to active duty--
        ``(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 [Sept. 15, 1981]--
            ``(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 [Sept. 15, 1981]. For the purposes 
of this subsection, officers serving in the permanent grade of rear 
admiral or commodore in accordance with subsection (a) shall be 
considered as serving in the grade of rear admiral, as such grade was 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 [Sept. 15, 1981]--
        ``(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 [Sept. 15, 1981] was in an active status and 
was serving in the grade of rear admiral or was on a list of reserve 
officers recommended for promotion to the grade of rear admiral is not 
subject to [former] subsection (f) of section 6389 of title 10, United 
States Code, as added by this Act.


                            ``female officers

    ``Sec. 615. (a) Except as provided under subsection (c), each 
regular officer who on the effective date of this Act [Sept. 15, 1981] 
is serving on the active list in the line of the Navy or on the active 
list of the Marine Corps under an appointment made under section 5590 of 
title 10, United States Code, shall be reappointed in the line of the 
Navy or in the Marine Corps, as appropriate, in the grade and with the 
date of rank held by such officer immediately before such reappointment. 
Each such reappointment shall be made in accordance with the provisions 
of such title as amended by this Act but notwithstanding any limitation 
otherwise applicable with regard to age, grade, or physical standards.
    ``(b) Each officer of the Navy who on the effective date of this Act 
[Sept. 15, 1981] is serving in a staff corps under an appointment made 
under section 5590 of title 10, United States Code, shall be reappointed 
in that corps in the grade and with the date of rank held by such 
officer immediately before such reappointment. Each such reappointment 
shall be made in accordance with the provisions of such title as amended 
by this Act but notwithstanding any limitation otherwise applicable with 
regard to age, grade, or physical standards.
    ``(c) Any officer who on the effective date of this Act [Sept. 15, 
1981] is serving on the active list in the line of the Navy under an 
appointment made under section 5590 of title 10, United States Code, and 
who meets the qualifications for appointment in a staff corps of the 
Navy may, request appointment in a staff corps and, with the approval of 
the Secretary of the Navy, be appointed in that staff corps. Any 
appointment under this subsection shall be in lieu of the reappointment 
of the officer under subsection (a).
    ``(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 [Sept. 15, 1981] had 
    not twice failed of selection for promotion to the next higher 
    grade; and
        ``(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 [Sept. 15, 1981] is a 
    lieutenant in the Navy or a captain in the Marine Corps;
        ``(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 [Sept. 15, 1981] is a 
    lieutenant (junior grade) in the Navy or a first lieutenant in the 
    Marine Corps;
        ``(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 [Sept. 15, 1981] is an 
officer who was designated for limited duty before that date under 
section 5589 of title 10, United States Code, is subject to section 6383 
of such title (as in effect on the day before the effective date of this 
Act), unless promoted to a higher permanent grade under chapter 36 of 
title 10, United States Code, as added by this Act.
    ``(b) Any female member of the Navy who on April 2, 1981, was 
appointed under section 591 [now 12201] or 5590 of title 10, United 
States Code, in the grade of ensign as an officer designated for limited 
duty may after September 14, 1981, be reappointed as an officer 
designated for limited duty under section 5596 of title 10, United 
States Code, as amended by this Act. A member so reappointed shall have 
a date of rank as an ensign of April 2, 1981, and shall have the same 
permanent pay grade and status as that member held on April 1, 1981.
    ``(c) An officer of the Navy or Marine Corps who on September 15, 
1981, was an officer designated for limited duty under section 5589 of 
title 10, United States Code, and who on the date of the enactment of 
this subsection [Oct. 19, 1984] is serving in a temporary grade above 
the grade of lieutenant, in the case of an officer of the Navy, or 
captain, in the case of an officer of the Marine Corps, may be 
reappointed under section 5589 of title 10, United States Code (as in 
effect on or after September 15, 1981), in the same permanent grade and 
with the same date of rank held by that officer on the active-duty list 
immediately before such reappointment if he is otherwise eligible for 
appointment under that section.


 ``certain navy lieutenants holding temporary appointments in the grade 
                         of lieutenant commander

    ``Sec. 617. Any officer who on the effective date of this Act [Sept. 
15, 1981] holds a temporary appointment in the grade of lieutenant 
commander under section 5787d of title 10, United States Code, shall on 
and after such date be considered to be serving in such grade as if such 
appointment had been made under section 5721 of such title, as added by 
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 [Sept. 15, 1981] was serving on active duty 
and entitled to rank and privileges of retirement under section 5064 of 
title 10, United States Code, as in effect on the day before the 
effective date of this Act, shall have his rank and retirement 
privileges determined under the laws in effect on such date.


       ``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 September 14, 1981, and officers so 
selected may be promoted in accordance with such chapters. An officer 
promoted to a higher grade under the authority of this section shall be 
subject to sections 613 and 629 as if he held that grade on September 
14, 1981, and shall have a date of rank to be determined under section 
741 of title 10, United States Code, as amended by this Act.


   ``retention on active duty of certain reserve lieutenant commanders

    ``Sec. 620. Notwithstanding section 6389 of title 10, United States 
Code, an officer who on September 14, 1981--
        ``(1) holds the grade of lieutenant commander in the Naval 
    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 September 14, 1981; or
            ``(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 [Sept. 15, 1981], all officers of the Army, Navy, Air Force, 
and Marine Corps who are required to be placed on the active-duty list 
for their armed force under chapter 36 of title 10, United States Code, 
as added by this Act, shall be placed on such list with the same 
relative seniority which they held on the day before the effective date 
of this Act. An officer placed on an active-duty list under this section 
shall be considered to have been placed on such list as of 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 September 14, 1981, may adjust 
the date of rank of officers--
        ``(1) below the grade of brigadier general or commodore during 
    the one-year period beginning on September 15, 1981; and
        ``(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 [Sept. 15, 1981] is serving 
on active duty in a temporary grade which is the same as his permanent 
grade shall on such date be serving in such grade subject to this title 
and the amendments made by this Act. The date of rank of such officer in 
that grade is the date of his temporary appointment to that grade.


    ``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 [Sept. 15, 1981] 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.
    ``(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 
[Sept. 15, 1981], 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 [Sept. 
15, 1981] 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 [Sept. 
15, 1981] 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.


       ``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 [Sept. 15, 1981] is subject to 
involuntary retirement or discharge under chapter 36 of title 10, United 
States Code, as added 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.
    ``(b) In the case of an officer subject to placement on the active-
duty list on September 15, 1981, 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 [Sept. 15, 1981], 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 the military department 
concerned, 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 
crediting of years of service to any person who on the day before the 
effective date of this Act [Sept. 15, 1981]--
        ``(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 [Sept. 
15, 1981] is an officer of the Army or Navy in the Medical or Dental 
Corps of his armed force, an officer of the Air Force designated as a 
medical or dental officer, or an officer of the Public Health Service 
commissioned as a medical or dental officer is entitled to include in 
the years of service creditable to him for the computation of basic pay 
and retired pay the years of service creditable to him for such purposes 
under clauses (7) and (8) of section 205(a) of title 37, United States 
Code, as in effect on the day before the effective date of this Act.
    ``(2) Any person who on the day before the effective date of this 
Act [Sept. 15, 1981] was enrolled in the Uniformed Services University 
of the Health Sciences under chapter 104 of this title or the Armed 
Forces Health Professions Scholarship Program under chapter 105 of this 
title and who on or after the effective date of this Act graduates from 
such university or completes such program, as the case may be, and is 
appointed in one of the categories specified in paragraph (1) is 
entitled to include in the years of service creditable to him for the 
computation of basic pay and retired pay the years of service that would 
have been credited to him under clauses (7) and (8) of section 205(a) of 
title 37, United States Code, as in effect on the day before the 
effective date of this Act, had such clauses not been repealed by 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 [Sept. 15, 1981] all 
subsequent service as computed under title 10, United States Code, as 
amended by 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 [Sept. 15, 1981] 
and who is retired under section 1251 of title 10, United States Code, 
as added by this Act, shall be entitled to retired pay in an amount 
equal to not less than 50 percent of the basic pay upon which his 
retired pay is based.
    ``(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 [Sept. 15, 1981]; and
        ``(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 September 30, 1981, the 
maximum number of officers authorized to be serving on active duty as of 
the end of such fiscal year in each of the grades of major, lieutenant 
colonel, and colonel for the Army, Air Force, and Marine Corps, and in 
each of the grades of lieutenant commander, commander, and captain for 
the Navy, under section 523 of title 10, United States Code, as added by 
this Act, is increased by the number equal to one-half the difference 
between (1) the actual number of officers of that armed force serving on 
active duty in that grade on September 30, 1980 (excluding officers in 
categories specified in subsection (b) of such section), and (2) the 
number specified in the table contained in such section for such armed 
force and grade based upon the total number of commissioned officers of 
such armed force on active duty on September 30, 1981 (excluding 
officers in categories specified in subsection (b) of such section).


  ``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 [Sept. 
    15, 1981] had a permanent status as an enlisted member or as a 
    warrant officer (or had a statutory right to be enlisted or to be 
    appointed as a warrant officer) and was serving as an officer under 
    a temporary appointment; and
        ``(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 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 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 [Sept. 15, 1981] and who on or after the 
effective date of this Act is not promoted to a grade higher than the 
grade he held on the day before the effective date of this Act or, in 
the case of an officer who was on a list of officers recommended for 
promotion on such date, is not promoted to a grade higher than the grade 
to which he was recommended for promotion, `two years' shall be 
substituted for `three years'. The Secretary of the military department 
concerned may waive the requirements of this section and of section 
1370(a)(2) of title 10, United States Code, as added by this Act, with 
respect to any officer described in the preceding sentence.


    ``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 
August 11, 1959 (Public Law 86-155; 10 U.S.C. 5701 note), or under 
section 10 of the Act entitled `An Act relating to the promotion and 
separation of certain officers of the regular components of the armed 
forces', approved July 12, 1960 (Public Law 86-616; 10 U.S.C. 3297 
note), is not subject to section 638 of title 10, United States Code, as 
added by this Act, relating to selective early retirement.


``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 Sept. 14, 
    1981; and
        ``(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 Sept. 14, 
1981, unless (in the case of a member discharged or released on or after 
the date of the enactment of the Department of Defense Authorization 
Act, 1985 [Oct. 19, 1984]) the Secretary concerned determines that the 
conditions under which the member is discharged or separated do not 
warrant such pay.
    ``(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 Sept. 14, 1981, and 
separation pay under such section, but shall elect which he will 
receive. If the number fails to make an election in a timely manner, he 
shall be paid the amount which is more favorable to him.


            ``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 [Sept. 15, 1981] 
was on active duty in a grade above general.


                              ``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 September 14, 1981; and
        ``(2) after such date retires under section 3911 or 8911 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 September 14, 1981.


  ``savings provision for original appointment in certain grades under 
                          existing regulations

    ``Sec. 635. Any person who before September 15, 1981--
        ``(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 December 12, 1980, would have been 
    appointed and ordered to active duty in a grade specified or 
    determined in accordance with such regulations; and
        ``(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 September 14, 1981--
        ``(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)) 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 September 14, 1981, was 
serving on active duty may not be discharged under section 630(1)(A) of 
title 10, United States Code, as added by this Act, on or after the day 
on which that officer completes three years of continuous service as a 
regular commissioned officer.


              ``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 September 15, 1981, and who, on or after September 
15, 1981, becomes entitled to retired or retainer pay under any 
provision of title 10 or title 14, United States Code, shall be required 
to repay that readjustment pay or severance pay in accordance with the 
laws in effect on September 14, 1981.


   ``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 [Oct. 19, 1984] who on September 
14, 1981, was on active duty as a retired officer recalled to active 
duty and who--
        ``(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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 612, 614, 615, 616, 617, 
618, 619, 622, 623, 624, 627, 628, 637, 638, 638a, 688, 5150, 6383 of 
this title.
