264
PUBLIC LAW 87-123-AUG. 3, 1961
•• Promotion provisions.
70A Stat. 348.
•'I^igibl e
offi-
[76
ST A T.
SEC. 3. (a) Each officer serving in the grade of brigadier general or colonel who is reassigned as an officer not restricted in the performance of duty by this Act, and who is senior to the senior officer in the first promotion zone established for his grade after the enactment of this Act, shall be considered for all purposes to be in that promotion zone. (b) Within the number of officers not restricted in the performance of duty that may be recommended for promotion to a grade below brigadier general, as determined under section 5756 of title 10, United States Code, the Secretary of the Navy shall allocate a portion thereof for officers on the active list of the Marine Corps who were formerly designated for supply duty and who were reassigned as officers not restricted in the performance of duty by this Act. The portion allocated shall afford at least the same opportunity for promotion to such officers as is afforded other officers not restricted in the performance of duty. These provisions apply only when there is an eligible officer in the promotion zone. For the purpose of the above rovisions, "eligible officer" means an officer who is serving in a grade elow colonel, who has been reassigned as an officer not restricted in the performance of duty by this Act, and who has not previously been in a promotion zone established for any grade after the enactment of this Act. Reassigned officers in a zone of consideration established for the grade of major shall also be allocated a portion of the number of officers who may be recommended for promotion from within that zone, so as to aflford them at least the same promotion opportunity as is afforded other officers not restricted in the performance of duty. SEC. 4. This Act does not terminate or reduce the four-year term of the officer who is serving as Quartermaster General of the Marine Corps on the date of enactment of this Act or deprive him of the rankpay, allowances, or retirement privileges to which he became entitled under sections 5204 and 5205 of title 10, United States Code. However, he shall be counted as a major general for the purposes of sections 5443 and 5448 of that title, as amended by this Act. His date of rank as a major general is July 1, 1954. When he ceases to serve as Quartermaster General, he shall be reassigned as an officer not restricted in the performance of duty and he may be reappointed by the President alone to the permanent grade of major general to rank from July 1, 1954. SEC. 5. Subtitle C of title 10, United States Code, is amended as follows: (1) Section 5001(a)(8) is amended by striking out the words "supply duty or". (2) Section 5204 is amended to read as follows:
- '§ 5204. Quartermaster General: detail
"The Quartermaster General of the Marine Corps shall be detailed by the Commandant from officers of the Marine Corps on active duty." (3) Section 5205 is l:«pealed. (4) The analysis of chapter 515 is amended by striking out the following items:
E
Quartermaster Gsneral. Savings provisions. 70 A 293.
Stat.
292,
70 A Stat. 309.
302,
70A Stat. 275.
Repeal.
"5204. Quartermaster General: appointment; term, pay and allowances. "5205. Heads of Staflf Departments: retirement."
and inserting the following item in place thereof: "5204. Quartermaster General: detail."
(5) Section 5409(c) is amended by striking out the words ", excluding officers designated for supply duty,"
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