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NOTES:


Source

(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2864; amended Pub. L. 97–22, § 4(f), July 10, 1981, 95 Stat. 127; Pub. L. 97–86, title IV, § 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 99–145, title V, § 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 100–456, div. A, title V, § 504, Sept. 29, 1988, 102 Stat. 1967; Pub. L. 101–510, div. A, title V, § 521(b)(2), Nov. 5, 1990, 104 Stat. 1561; Pub. L. 102–190, div. A, title V, § 503(a), Dec. 5, 1991, 105 Stat. 1355; Pub. L. 103–160, div. A, title V, § 506, Nov. 30, 1993, 107 Stat. 1646; Pub. L. 104–106, div. A, title V, § 504(b), Feb. 10, 1996, 110 Stat. 295.)

Amendments

1996—Subsec. (b)(3). Pub. L. 104–106 added par. (3).
1993—Subsec. (e)(2)(B). Pub. L. 103–160 inserted “(i)” after “grade and competitive category”, inserted “(ii)” after “of this title, or”, and struck out comma after “any provision of law”.
1991—Subsec. (e). Pub. L. 102–190 designated existing provisions as pars. (1) and (2)(A), in par. (2)(A) inserted “(except as provided in subparagraph (B))” after “under this section, such list”, and added subpars. (B) and (C).
1990—Subsec. (a)(3). Pub. L. 101–510, § 521(b)(2)(A), added par. (3).
Subsec. (b)(1). Pub. L. 101–510, § 521(b)(2)(B), inserted “or section 638a of this title” after “under this section”.
1988—Subsec. (a). Pub. L. 100–456 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “A regular officer on the active-duty list of the Army, Navy, Air Force, or Marine Corps—
“(1) who holds the regular grade of lieutenant colonel or commander and has failed of selection for promotion to the grade of colonel or, in the case of an officer of the Navy, captain two or more times and whose name is not on a list of officers recommended for promotion;
“(2) who holds the regular grade of colonel or, in the case of an officer of the Navy, captain and has served at least four years of active duty in that grade and whose name is not on a list of officers recommended for promotion;
“(3) who holds the regular grade of brigadier general or rear admiral (lower half) and has served at least three and one-half years of active duty in that grade and whose name is not on a list of officers recommended for promotion; or
“(4) who holds the regular grade of major general or rear admiral and has served at least three and one-half years of active duty in that grade,
may be considered for early retirement by a selection board convened under section 611 (b) of this title. The Secretary of the military department concerned shall specify the number of officers described in clauses (1) and (2) which such a board may recommend for early retirement, but such number may not be more than 30 percent of the number of officers considered in each grade in each competitive category.”
1985—Subsecs. (a)(3), (b), (c). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore” wherever appearing.
1981—Subsec. (a)(3). Pub. L. 97–86 substituted “commodore” for “commodore admiral”.
Subsec. (a)(3), (4). Pub. L. 97–22 substituted “three and one-half years of active duty” for “four years of active duty”.
Subsecs. (b), (c). Pub. L. 97–86 substituted “commodore” for “commodore admiral” wherever appearing.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97–86, set out as a note under section 101 of this title.


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