Sec. 506. EQUAL CONSIDERATION OF OFFICERS FOR EARLY RETIREMENT OR DISCHARGE

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## SEC. 506 EQUAL CONSIDERATION OF OFFICERS FOR EARLY RETIREMENT OR DISCHARGE Section 638a of title 10, United States Code, is amended— ####

(1)in subsection (b), by adding at the end the following new paragraph: > > #### “(4) > > Convening selection boards under section 611(b) of this title to consider for early retirement or discharge regular officers on the active-duty list in a grade below lieutenant colonel or commander— > > > ##### “(A) > > who have served at least one year of active duty in the grade currently held; and > > > ##### “(B) > > whose names are not on a list of officers recommended for promotion.” > ; ####

(2)by redesignating subsection

(e)as subsection (f); and ####

(3)by inserting after subsection

(d)the following new subsection (e): > > ### “(e) > > > ####

(1)> > In the case of action under subsection (b)(4), the Secretary of the military department concerned shall specify the total number of officers described in that subsection that a selection board convened under section 611(b) of this title pursuant to the authority of that subsection may recommend for early retirement or discharge. Officers who are eligible, or are within two years of becoming eligible, to be retired under any provision of law (other than by reason of eligibility pursuant to section 4403 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484)), if selected by the board, shall be retired or retained until becoming eligible to retire under section 3911, 6323, or 8911 of this title, and those officers who are otherwise ineligible to retire under any provision of law shall, if selected by the board, be discharged. > > > #### “(2) > > In the case of action under subsection (b)(4), the Secretary of the military department concerned may submit to a selection board convened pursuant to that subsection— > > > ##### “(A) > > the names of all eligible officers described in that subsection, whether or not they are eligible to be retired under any provision of law, in a particular grade and competitive category; or > > > ##### “(B) > > the names of all eligible officers described in that subsection in a particular grade and competitive category, whether or not they are eligible to be retired under any provision of law, who are also in particular year groups, specialties, or retirement categories, or any combination thereof, with that competitive category. > > > #### “(3) > > The number of officers specified under paragraph

(1)may not be more than 30 percent of the number of officers considered. > > > #### “(4) > > An officer who is recommended for discharge by a selection board convened pursuant to the authority of subsection (b)(4) and whose discharge is approved by the Secretary concerned shall be discharged on a date specified by the Secretary concerned. > > > #### “(5) > > Selection of officers for discharge under this subsection shall be based on the needs of the service.” > .

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Pub. L. 102-484

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Sec. 506

EQUAL CONSIDERATION OF OFFICERS FOR EARLY RETIREMENT OR DISCHARGE

Pub. L.Pub. L. 102-484

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