Page:United States Statutes at Large Volume 74.djvu/435

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[74 Stat. 395]
[74 Stat. 395]
PUBLIC LAW 86-000—MMMM. DD, 1960

74 S T A T. ]

PUBLIC LAW 86-616-JULY 12, 1960

395

(b) The analysis of subtitle D and the analysis of part II of subtitle D are each amended by inserting the following new item: "860. Separation from Regular Air Force for Moral or Professional Dereliction or in Interests of National Security 8791."

SEC. 9. Section 8913 of title 10, United States Code, is amended— (1) by amending subsection (a) to read as follows: " (a) A deferred officer who is not recommended for promotion under section 8303(c) of this title, or an officer who is found disqualified for promotion under section 8302(f) of this title, shall, if he has at least 20 years of service computed under section 8927(a) of this title, be retired, except as provided by section 47a of title 5, on such date as may be requested by him and approved under regulations to be prescribed by the Secretary of the Air Force, but not later than the first day of the seventh calendar month after the Secretary approves the report of the last board that did not recommend him for promotion to the grade concerned."; and (2) by amending subsection (b) by striking out the words "so entitled to retire" and inserting the words "the date he completes 20 years of service computed under section 8927(a) of this title, or the first day of the seventh calendar month after the Secretary approves the report of the last board that did not recommend him for promotion to the grade concerned, whichever is later" in place thereof. SEC. 10. (a) Not more than once in each fiscal year, the Secretary boards.^^"'"^ °^ of the Army and the Secretary of the Air Force may convene one or more boards, each consisting of at least five officers of the Regular Army or the Regular Air Force, as the case may be, in a grade above colonel, to review the records of, and recommend for continuation on the active list, officers of that component on the active list in the regular grade of colonel or lieutenant colonel who have at least 20 years of service computed under section 3927(a) or 8927(a) of title 10, United States Code, whichever applies, and who have been considered more than twice but not recommended for promotion to the next higher regular grade. (b) A board convened under this section shall recommend officers for continuation on the active list in the number specified by the Secretary. The Secretary may specify separate numbers for particular categories of officers. However, except with respect to the first board convened under this section in the Army and in the Air Force, the number specified by him for officers in any category must be at least 80 percent of the officers in that category being considered. An officer may be considered for continuation on the active list under this section only once while serving in the regular grade of colonel and only once while serving in the regular grade of lieutenant colonel. (c) Except as provided by section 1 of the Act of April 23, 1930, ch. 209, as amended (5 U.S.C. 4:7a), if the Secretary approves the re46 Stat. 253. port of a board, he shall, not later than the first day of the seventh calendar month beginning after he approves that report, retire each officer who is considered but not recommended for continuation. (d) A member of the Army or the Air Force who is retired under this section is entitled to retired pay computed under formula A of section 3991 or 8991, respectively, of title 10. (e) This section does not apply to— (1) members of the Army Nurse Corps, Army Medical Specialist Corps, or Women's Army Corps; (2) Air Force nurses or medical specialists; or (3) female members of the Air Force who are not designated under section 8067(a)-(d) or (g) - (i) of title 10. (f) This section is not effective after June 30, 1965.