Page:United States Statutes at Large Volume 108 Part 4.djvu/116

This page needs to be proofread.

108 STAT. 2750 PUBLIC LAW 103-337—OCT. 5, 1994 Regulations. Regulations. (2) in subsections (b) and (d), by striking out "Except as provided in subsection (i)," and inserting in lieu thereof "Except as provided in subsections (f) and (k),", (d) SUBSECTION HEADINGS. — Such section is further amended as follows: (1) Subsection (a) is amended by striking out "(a)(1)" and inserting in lieu thereof "(a) MANDATORY RETIREMENT.— (1)". (2) Subsection (b) is amended by inserting "LIEUTENANT COMMANDERS AND MAJORS WHO TWICE FAIL OF SELECTION FOR PROMOTION.—" after "(b)". (3) Subsection (c) is amended by inserting "RETIRED GRADE AND RETIRED PAY. —" after "(c)". (4) Subsection (d) is amended by inserting "NAVY LIEUTEN- ANTS AND MARINE CORPS CAPTAINS WHO TWICE FAIL OF SELEC- TION FOR PROMOTION.—" after "(d)". (5) Subsection (e) is amended by striking out "(e)(1)" and inserting in lieu thereof "(e) OFFICERS IN PAY GRADES 0-2 AND 0-1 WHO TWICE FAIL OF SELECTION FOR PROMOTION OR ARE FOUND NOT QUALIFIED FOR PROMOTION.— (1)". (6) Subsection (i) (as redesignated by subsection (a)(1)) is amended by inserting "DETERMINATION OF GRADE AND STA- TUS OF OFFICERS REVERTING TO PRIOR STATUS. —" after "(i)". (7) Subsection (j) (as redesignated by subsection (a)(1)) is amended by inserting "SEPARATION PAY FOR OFFICERS DIS- CHARGED.—" after "(j)". (8) Subsection (k) (as redesignated by subsection (a)(D) is amended by inserting "SELECTIVE RETENTION BOARDS FOR LDOs. —" after "(k)". (9) Subsection (1) (as redesignated by subsection (a)(1)) is amended by inserting "APPLICABILITY OF SECTION ONLY TO PERMANENT LDOs.— " after "(1)". SEC. 504. SELECTION FOR DESIGNATED JUDGE ADVOCATE GENERAL AND FLAG OFFICER POSITIONS. (a) ARMY. —Section 3037 of title 10, United States Code, is amended by adding at the end the following new subsection: "(d) Under regulations prescribed by the Secretary of Defense, the Secretary of the Army, in selecting an officer for recommendation to the President under subsection (a) for appointment as the Judge Advocate General or Assistant Judge Advocate General, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.". (b) NAVY AND MARINE CORPS.— (1) Section 5148 of such title is amended— (A) in subsection (b), by striking out the last sentence and inserting in lieu thereof the following: "If an officer appointed as the Judge Advocate General holds a lower regular grade, the officer shall be appointed in the regular grade of rear admiral or major general, as appropriate."; and (B) by striking out subsection (c) and inserting in lieu thereof the following: "(c) Under regulations prescribed by the Secretary of Defense, the Secretary of the Navy, in selecting an officer for recommendation to the President for appointment as the Judge Advocate General, shall ensure that the officer selected is recommended by a board