Page:United States Statutes at Large Volume 72 Part 1.djvu/1602

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[72 Stat. 1560]
PUBLIC LAW 85-000—MMMM. DD, 1958
[72 Stat. 1560]

1560

PUBLIC LAW 85-861-SEPT. 2, 1958

[72 S T A T.

RESERVE COMMISSIONED OFFICERS OF THE ARMY: TRANSFER TO R E T I R E D R E S E R V E OR D I S C H A R G E l i E FOR E J U L Y 2, 1960 SEC. 21. ^a) Before July 2, 1960, each officer of the Army in the reserve grade of colonel who lius not been recommended for promotion to the reserve grade of brigadier general or has not remained in an active status since such a recommendation, and each officer of the Armv in the reserve grade of lieutenant colonel who has been recommended for promotion to the reserve grade of colonel and has remained in an active status since that recommendation, snail, on the last day of the month in which he becomes 58 years of age— (1^ be transferred to the Retired Reserve, if he is qualified and applies therefor; or (2) if he is not qualified or does not apply therefor, be discharged. (b) Before July 2, 1960, each officer of the Army in the reserve grade of lieutenant colonel who has not been recommended for promotion to the reserve grade of colonel or has not remained in an active status since such a recommendation, and each officer of the Army in a reserve grade below lieutenant colonel, shall, on the last day of the month in which he becomes 55 years of age— (1) be transferred to the Retired Reserve, if he is qualified and applies therefor; or (2) if he is not qualified or does not apply therefor, be discharged. (c) Notwithstanding subsections (a) and (b), the Secretary of the Army may authorize the retention in an active status until age 60 of any officer of the Army National Guard of the United States who would otherwise be removed from an active status under this section and who is assigned to a headquarters or headquarters detachment of ix S^ate or Territory, Puerto Rico, the Canal Zone, or the District of Columbia. (d) Notwithstanding subsections (a) and (b), a reserve officer who is on active duty (other than for training) in a temporary grade above lieutenant colonel and who would otherwise be removed from an acti ve status under this section may, in the discretion of the Secretary, be retained on active duty, but not past his sixtieth birthday, and may not be removed from an active status while he is on that duty. (e) Notwithstanding subsections (a) and (b), the age prescribed for the discharge or transfer from an active status before July 2, 1960, of a reserve officer covered by this section is 60 for the purposes of section 1006 of title 10, United States Code. (f) Notwithstanding subsections (a) and (b), a reserve officer of the Army who is assigned to the Selective Service System may be retained in an active status in that assignment until he becomes 60 years of age. SERVICE CREDIT FOR RESERVE OFFICERS APPOINTED I N A S P E C I A L B R A N C H O F THE A R M Y OR IN THE WOMEN'S ARMY CORPS SEC. 22. A person who was appointed before July 1, 1955, as a reserve officer of the Army in the lowest grade of a special branch or the Women's Army Corps and who was not a commissioned officer of 3395." ^ ^ ^^^ ^' ^^ armed force before that date, may, for the purposes of chapter 337 of title 10, United States Code, be credited with the amount oi service