Page:United States Statutes at Large Volume 74.djvu/314

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[74 Stat. 274]
[74 Stat. 274]
PUBLIC LAW 86-000—MMMM. DD, 1960

274

PUBLIC LAW 86-559-JUNE 30, 1960

[74

STAT.

at the end thereof: "The Secretary shall report to the Committees on Armed Services of the Senate and House of Representatives by March 1 of each year on the number, categories, and grades of reserve officers (other than in the Medical Corps or Dental Corps) originally appointed in the reserve grade of lieutenant in the Naval Reserve, or captain in the Marine Corps Reserve, or above, during the preceding calendar year. (42) Section 5899 is amended— (A) by adding the following new sentence at the end of subsection (a): "However, until July 1, 1961, an officer in the grade of captain is eligible for consideration for promotion when his running mate is eligible for consideration for promotion."; and (B) by adding the following new subsection at the end thereof: " (h) Notwithstanding any other provision of this title, a reserve commissioned officer in a permanent grade above chief warrant officer, W-4, who has been in an inactive status may not be considered for promotion until at least one year after the date he is returned to an active status." (43) Section 5902 is amended by adding the following new subsection at the end thereof: "(e) The promotion of an officer of the Naval Reserve or the Marine Corps Reserve who is under investigation or against whom proceedings of a court-martial or a board of officers are pending may be delayed by the Secretary of the Navy until the investigation or proceedings are completed. However, the promotion of an officer may not be delayed under this subsection for more than one year after the date he is selected for promotion unless the Secretary determines that a further delay is necessary in the public interest." (44) Section 5907 is amended by adding the following new sentence at the end thereof: "However, if an officer has not established his professional and moral qualifications, as prescribed by the Secretary of the Navy under section 5867 of this title, within one year after the date on which the President approved the report of the selection board that recommended him for promotion, he is entitled to the pay and allowances of the grade to which promoted only from the date he is appointed in that grade." (45) The last sentence of section 5911 is amended by striking out the word "may" and inserting the word "shall" in place thereof. (46) Section 6389(c) is amended by adding the following at the end thereof: "Notwithstanding the first sentence of this subsection, the Secretary may defer the retirement or discharge of such number of officers serving in the grade of lieutenant commander as are necessary to maintain the authorized officer strength of the Ready Reserve, but the duration of such deferment for any individual officer may not be in excess of five years. Notwithstanding the first two sentences of this subsection, the Secretary may defer the retirement or discharge under this subsection of an officer serving in the permanent grade of lieutenant commander or above in the Naval Reserve or in the permanent grade of major or above in the Marine Corps Reserve for a period of time which does not exceed the amount of service in an active status which was credited to the officer at the time of his original appointment or thereafter under any provision of law, if the officer can complete at least 20 years of service as computed under section 1332 of this title during the period of such deferment. Notwithstanding the first two sentences or this subsection, the Secretary may defer the retirement or discharge under this subsection of such number of officers serving in the permanent grade of captain or commander in the Medical Corps, Chaplain Corps, or Dental Corps in the Naval Reserve as are necessary to provide for mobilization requirements "