Page:United States Statutes at Large Volume 72 Part 1.djvu/1604

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[72 Stat. 1562]
PUBLIC LAW 85-000—MMMM. DD, 1958
[72 Stat. 1562]

1562

PUBLIC LAW 85-861-SEPT. 2, 1958

[72 S T A T.

SERVICE C R E D I T FOR CERTAIN OFFICERS ON ACT IV E LIST OF R E G U L A R A I R FOR C E ON J U L Y 20, 1956 SEC. 26. (a) Each officer who, as a result of being credited with service under section 207(a) or (b) of the Armed Forces Regular 10 USC 1850g. Officer Augmentation Act of 1956 (70 Stat. 586), becomes eligible for mandatory consideration for promotion under section 8299 or 8300 of title 10, United States Code, shall be considered by a selection board convened for that purpose in the manner prescribed in section 8297 of that title. If he is recommended for promotion by that board, his name shall be placed on the applicable promotion list immediately below that of the junior officer on that list having the same or next longer service for promotion purposes, and a date of rank shall be gjven him accordingly. If he is not recommended for promotion by that board, he is a deferred officer. However, such an officer may not, because of this failure of recommendation, have his years of service reduced under section 8303 of title 10, United States Code, and he shall be considered by the next regularly convened selection board considering officers of his grade and category. If he is recommended for promotion by that board, his years of service for promotion purposes shall be reduced so that he will be junior by at least one day to the junior officer who was considered and recommended for promotion by the selection board that failed to recommend him for promotion, and who has the same or next longer period of service. If he is not recommended by that selection board, he shall be treated as provided in section 8303(d) of title 10, United States Code. (b) An officer whose service is adjusted under this section may have his date of rank in regular grade and his position on the applicable promotion list adjusted to reflect his increased service. INCREASE OF SERVICE CREDIT FOR CERTAIN OFFICERS OF REGULAR AIR FORCE SEC. 27. (a) Notwithstanding any other provision of law, the years of service credited to an officer of the Regular Air Force on July 20, 1956, for the purposes of sections 8287, 8888 (2)(A) - (C) and (E) - (G), and 8927 (a)(l) - (3) and (5) - (7) and (b)(2) of title 10, United States Code, may be increased, but not by more than two years, under regulations to be prescribed by the Secretary of the Air Force. (b) Each officer who, as a result of being credited with service under this section, becomes eligible for mandatory consideration for promotion under section 8299 or 8300 of title 10, United States Code, shall be considered by the next regularly convened selection board considering officers of his grade and category. (c) An officer whose service is increased under this section may have his date of rank in regular grade and his position on the applicable promotion list adjusted to reflect his increased service. TRANSFER FROM ACTIVE STATUS OF CERTAIN MEMBERS OF AIR NATIONAL GUARD SEC. 28. Notwithstanding chapter 863 of title 10, United States Code, a reserve officer who became a civilian employee of the Air National Guard before July 1, 1955, may not, before becoming 60 years of age and while so employed and without his consent, be removed from an active status by reason of any provision for manda-