113 STAT. 590 PUBLIC LAW 106-65 —OCT. 5, 1999 Representatives a report on the use of the authority under this section, together with the Secretary's recommendation for extension of that authority. SEC. 502. INCREASE IN MAXIMUM NUMBER OF OFFICERS AUTHOR- IZED TO BE ON ACTIVE-DUTY LIST IN FROCKED GRADES OF BRIGADIER GENERAL AND REAR ADMIRAL (LOWER HALF). Section 777(d)(1) of title 10, United States Code, is amended by striking "the following:" and all that follows and inserting "55.". SEC. 503. RESERVE OFFICERS REQUESTING OR OTHERWISE CAUSING NONSELECTION FOR PROMOTION. (a) REPORTING REQUIREMENT.— Section 617(c) of title 10, United States Code, is amended by striking "regular". Applicability. (b) EFFECTIVE DATE. —The amendment made by subsection (a) 10 USC 617 note, shall apply with respect to boards convened under section 611(a) of title 10, United States Code, on or after the date of the enactment of this Act. SEC. 504. MINIMUM GRADE OF OFFICERS ELIGIBLE TO SERVE ON BOARDS OF INQUIRY. (a) RETENTION BOARDS FOR REGULAR OFFICERS.— The text of section 1187 of title 10, United States Code, is amended to read as follows: "(a) ACTIVE DUTY OFFICERS.—Except as provided in subsection (b), each board convened under this chapter shall consist of officers appointed as follows: "(1) Each member of the board shall be an officer of the same armed force as the officer being required to show cause for retention on active duty. "(2) Each member of the board shall be on the activeduty list. "(3) Each member of the board shall be in a grade above major or lieutenant commander, except that at least one member of the board shall be in a grade above lieutenant colonel or commander. "(4) Each member of the board shall be senior in grade to any officer to be considered by the board. "(b) RETIRED OFFICERS.— I f qualified officers on active duty are not available in sufficient numbers to comprise a board convened under this chapter, the Secretary of the military department concerned shall complete the membership of the board by appointing to the board retired officers of the same armed force. A retired officer may be appointed to such a board only if the retired grade of that officer— "(1) is above major or lieutenant commander or, in the case of an officer to be the senior officer of the board, above lieutenant colonel or commander; and "(2) is senior to the grade of any officer to be considered by the board. "(c) INELIGIBILITY BY REASON OF PREVIOUS CONSIDERATION OF SAME OFFICER. —No person may be a member of more than one board convened under this chapter to consider the same officer. "(d) EXCLUSION FROM STRENGTH LIMITATION.- ^A retired general or flag officer who is on active duty for the purpose of serving on a board convened under this chapter shall not, while so serving.
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