Page:United States Statutes at Large Volume 105 Part 2.djvu/419

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PUBLIC LAW 102-190—DEC. 5, 1991 105 STAT. 1371 may elect at the time of the officer's retirement after 20 years or more of active service that could be credited to the officer under section 511 of the Career Compensation Act of 1949, as amended— (1) to revert to the highest warrant officer grade in which the officer served on active duty (other than for training) satisfactorily (as determined by the Secretary of the Army) for a period of more than 30 days; and (2) to be retired under chapter 65 of title 10, United States Code. (d) CONSTRUCTIVE CREDIT FOR DETERMINATION OF GRADE AND lo use 3070 RANK.— (1) For the purpose of determining the grade and rank "°^^ within grade of a person who is appointed as a commissioned officer in the Army Medical Specialist Corps for service in the Physician Assistant Section, or who is assigned to the Army Medical Specialist Corps for service as a physician assistant, and who on the date of the enactment of this Act is a warrant officer and a physician assistant on active duty or in an active reserve status, the Secretary of the Army shall credit that person at the time of such appointment with any service on active duty, or in an active reserve status, as a physician assistant performed as a member of the Armed Forces before that appointment. (2) The Secretary of Defense shall prescribe regulations to carry Regulations. out this subsection. SEC. 552. REVIEW OF PORT CHICAGO COURT-MARTIAL CASES. The Secretary of the Navy shall carry out without delay a thorough review of the cases of all 258 individuals convicted in the courts-martial arising from the explosion at the Port Chicago (California) Naval Magazine on July 17, 1944. The purpose of the review shall be to determine the validity of the original findings and sentences and the extent, if any, to which racial prejudice or other improper factors now known may have tainted the original investigations and trials. If the Secretary determines that the conviction of an individual in any such case was in error or an injustice, then, notwithstanding any other provision of law, he may correct that individual's military records (including the record of the courtmartial in such case) as necessary to rectify the error or injustice. SEC. 553. APPOINTMENT OF ADJUTANTS GENERAL OF THE NATIONAL GUARD OF THE VIRGIN ISLANDS AND GUAM. Section 314(b) of title 32, United States Code, is amended— (1) by striking out "each Territory and" in the first sentence, and (2) by striking out the second sentence. SEC. 554. PAYMENT FOR LEAVE ACCRUED AND LOST BY KOREAN CON- FLICT PRISONERS OF WAR. (a) PAYMENT.— The Secretary of the military department concerned shall pay, from amounts available for military pay and allowances, an amount determined under subsection (b) to each individual who as a member of the Armed Forces during the Korean conflict was held as a prisoner of war. The authority of the Secretary to make such payments is effective for any fiscal year only to the extent that amounts are provided in advance in appropriation Acts. (b) PAYMENT AMOUNT.— The amount of a payment under this section shall be the greater of—