An Act to provide certain clarifying and technical amendments to the Reserve Officer Personnel Act of 1954.
PL 84-115 (S.1718), enacted 06/30/1955

218 
June 30, 1955 
[S. 1718] 
PUBLIC LAW 115-JUNE 30, 1955 
[69 STAT. 
Public Law 115 
CHAPTER 247 
AN ACT 
To provide certain clarifying and technical amendments to the Reserve Officer 
Personnel Act of 1954, 
Reserve 
Officer 
Personnel A c t of 
1954, amendmentSa 
68 Stat. 1150. 
SO u s e 1191. 
SO u s e 119S. 
Retention on ac-
tive duty. 
10 u s e 
1001-
1007 passim. 
34 u s e 410b. 
f.'ST I 
"Maximum age. " 
SO u s e 
1 2 6 2 -
1264. 
SO u s e 1279. 
50 u s e 1273. 
Promotion. 
»!T i ,filI5;« . 
SO u s e 1302. 
Inc re ased per-
centages in grades. 
50 u s e 1303. 
SO u s e 1305. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That (a) the second 
sentence of section 201 of the Reserve Officer Personnel Act of 1954 is 
amended by striking out the word "two" and substituting in lieu 
thereof the word "three". 
(b) Section 205 of such Act is amended by inserting at the end 
thereof the following new subsection: 
"(c) (1) A Reserve officer serving on active duty who, on the date 
he would otherwise be removed from active status under sections 325, 
327, 411, 522, 524, or 611 of this Act, is within two years of qualifying 
for retirement under either title I I of the Army-Air Force Vitaliza-
tion and Retirement Equalization Act of 1948 (62 Stat. 1084), or 
section 6 of Public Law 305, of the Seventy-ninth Congress (60 Stat. 
27), may, in the discretion of the Secretary, be retained on active duty 
for a period not to exceed two years if he will then be entitled to the 
benefits of such provisions of law and will not earlier attain the maxi-
mum age at which transfer from an active status or discharge is 
required by this Act. 
He shall not be removed from an active status 
so long as he remains on active duty. 
"(2) The term 'maximum age' as used in this section shall, in the 
case of any officer covered by sections 325 and 327 hereof, be the age 
authorized by the first paragraph of section 326 (a) of this Act." 
(c) Section 339 (c) of such Act is hereby repealed. 
SEC. 2. Section 333 of the Reserve Officer Personnel Act of 1954 is 
amended (1) by striking out "A Reserve" and inserting in lieu thereof 
"(a) Except as provided in subsection (b) hereof, a Reserve", and 
(2) by inserting at the end thereof the following new subsection: 
"(b) A Reserve officer on active duty who has not completed his 
period of required active duty as a member of a reserve component 
under any provision of law or regulations, and who is recommended 
or found qualified for promotion, may not be promoted until he com-
pletes that period of required active duty, or until he is temporarily 
promoted to that higher grade. 
Upon completing that period of 
required active duty or upon being temporarily promoted to that 
higher grade, he shall, if he applies therefor, be promoted, be subject 
to subsection (a), and be credited with the amount of promotion 
service in the higher grade that he would have had if he had been 
promoted but for the provisions of this subsection." 
SEC. 3. (a) The first sentence of section 402 (c) is amended by 
changing the period at the end of the sentence to a colon and adding 
the following: ''''Provided^ That until July 1, 1960, the per centum in 
tlie grade of major may be 22 per centum, in the grade of captain, 45 
per centum, and in the combined grades of first and second lieutenant, 
25 per centum, if, in the opinion of the Secretary, such increased per-
centages are required to permit promotions under this title.". 
(b) Section 403 of such Act is amended by adding at the end thereof 
the following sentence: "Within the number to be selected which the 
Secretary may furnish to a selection board considering Naval Reserve 
line officers in any grade, the Secretary may further specify numbers 
of officers of stated qualifications and experience who are required to 
meet mobilization needs in the next, higher grade.". 
(c) The second sentence of section 405 (b) of such Act is amended 
by striking out "ineligible" and inserting in lieu thereof "eligible". ^ 
69 
S T A T . ] 
PUBLIC LAW 115-JUNE 30, 1955 
219 
(d) Section 405 (d) of such Act is amended by adding at the end 
tliereof the following new sentence: "An officer Avhose name is so with-
held from consideration from two selection boards for promotion to 
the same next higher grade shall be deemed to have failed twice of 
selection. An officer who has met all requirements for eligibility for 
consideration but whose name is omitted by administrative error from 
the list of officers furnished a selection board, shall be considered not 
to have failed of selection by that board and if selected by the next 
selection board to consider for promotion officers of the same grade 
he shall be entitled to the same date of rank and to pay and allowances 
of the higlier grade for duty performed from the same date as if he had 
been selected by the board from which his name was withheld by 
error." 
(e) Title IV of such Act is amended by adding at the end thereof 
the following new section: 
"SEC. 414. Officers who prior to July 1,1955, were selected for pro-
motion under appropriate Naval and Marine Corps regulations pro-
mulgated pursuant to subsection 216 (a) of the Armed Forces Reserve 
Act of 1952, as amended, may be promoted under the authority of this 
Act with precedence and entitlement to pay and allowances as pre-
scribed by this Act." 
SEC. 4. (a) Section 501 (b) (1) of the Reserve Officer Personnel Act 
of 1954 is amended to read as follows: 
"(1) 'Promotion service' means— 
"(A) service in an active status in current grade; and 
"(B) all service in an active status subsequent to June 25, 1950, 
and prior to the effective date of this Act (i) during which an 
officer was eligible for permanent promotion on the basis of 
service in a higher temporary grade, (ii) in an equivalent-or 
higher permanent grade in the same or another service, including 
service in a federally recognized commissioned status in the Army 
and Air National Gruard, except that any such service authorized 
under this subparagraph shall be counted but once for promotion 
purposes." 
(b) Section 502 of such Act is amended by adding at the end thereof 
the following new subsection: 
"(d) To carry out the provisions of this title a promotion maj^ be 
made effective before, on, or after the date accomplished, and the 
officer shall be entitled to pay, allow^ance, and benefits authorized by 
law for the higher grade from such effective date unless expressly pro-
vided otherwise in this Act." 
(c) Section 504 (a) (2) (B) of such Act is amended by striking 
out "longest service as a commissioned officer (including service in 
the federally recognized National Guard or in a federally recognized 
status therein prior to 1933)" and inserting in lieu thereof "greatest 
number of total years of service". 
(d) Section 506 of such Act is amended (1) by striking out sub-
section (a) thereof, and (2) by striking out "(b)" and inserting in 
lieu thereof "(a)". 
(e) The last sentence of section 508 (c) of such Act is amended 
by inserting after the word "sections" the following: "502 (d), 511 
(f) Section 509 of such Act is amended (1) by striking out in sub-
section (a) thereof "subsection (b)" and inserting in lieu tliereof "sub-
sections (b) and (c)", and (2) by adding at the end thereof the fol-
lowing new subsection: 
"(c) Whenever the Secretary determines that there are vacancies 
in the permanent grade of first lieutenant. Reserve officers in the grade 
of second lieutenant under regulations prescribed by the Secretary, 
50 u s e 1305. 
Withholding nairie 
from consldemtion. 
50 u s e 1301 et 
aeq. 
66 Stat. 486. 
50 u s e 936. 
50 u s e 1331. 
50 u s e 1332. 
50 u s e 1334. 
50 u s e 1336. 
50 u s e 1338. 
50 u s e 1339. 
V a c a n c i e s in 
E^ade of first lieu-
tenant. 
220 
PUBLIC LAW 115-JUNE 30, 1955 
[69 S T A T . 
SO use 1340. 
50 u s e 1341. 
Promotion s t a -
tus, etc. 
;* lot* 
:;>ay 
^0 use 1353. 
50 use 1354. 
50 use 1331 et 
seg. 
E m p 1 o yment in 
Air National Guard. 
may be promoted to the permanent grade of first lieutenant before 
completion of three years of promotion service." 
(g) Section 510 (b) of such Act is amended by striking the period 
at the end of paragraph 2 thereof and inserting a semicolon and the 
following: "and 
"(3) only those Reserve officers of the Air National Guard of 
the United States who must be considered at that time in accord-
ance with the provisions of subsection (a) of this section." 
(h) Section 511 of such Act is amended by striking out subsection 
(b) and inserting in lieu thereof the following new subsections: 
"(b) Except as provided in subsection (c) hereof, a Reserve officer 
on active duty who is promoted to a grade higher than that in which 
he is serving shall continue to serve on active duty in the grade in 
which he was serving immediately before that promotion, and may be 
appointed in a temporary grade which is equal to that lower grade. 
An officer who is so appointed in a temporary grade is considered to 
have accepted the appointment upon the date of the orders announcing 
it unless he expressly declines it, and need not take a new oath of office 
upon being so appointed. However, he may decline the appointment 
within six months after the date of the order announcing it, and shall 
be released from active duty. 
"(c) A Reserve officer on active duty who has not completed his 
period of required active duty as a member of a reserve component 
under any provision of law or regulations, and who is recommended 
or found qualified for promotion, may not be promoted until he com-
pletes that period of required active duty, or until he is temporarily 
promoted to that higher grade. Upon completing that period of 
required active duty or upon being temporarily promoted to that 
higher grade, he shall, if he applies therefor, be promoted, be subject 
to subsection (b), and be credited with the amount of promotion serv-
ice in the higher grade that he would have had if he had been promoted 
but for the provisions of this subsection. 
"(d) A Reserve officer who, while he is serving on active duty, is 
promoted to a grade higher than the grade in which he is serving, 
may not serve on active duty in the grade to which promoted, or be 
entitled while on that period of active duty to the rank, pay, and 
allowances of that higher grade unless he is ordered to serve on active 
duty in that higher grade or is temporarily promoted to that higher 
grade." 
(i) Section 523 of such Act is amended (1) by striking out in sub-
sections (a), (b), and (c), the words "date upon" wherever they appear 
therein and inserting in lieu thereof the words "last day of the month 
in", and (2) by striking out in the first sentence of subsection (d) 
the word "Each" and inserting in lieu thereof "Effective five years 
after the effective date of this Act, each". 
(j) Section 524 of such Act is amended (1) by striking out in sub-
section (a) thereof "two years" and inserting in lieu thereof "five 
years", and (2) by striking out in the first sentence of subsections 
(b), (c), (d) (1), and (d) (2) thereof the word "Each" and inserting 
in lieu thereof "Effective five years after the effective date of this Act, 
each". 
(k) Title 5 of such Act is amended by adding at the end thereof the 
following new sections: 
"SEC. 527. Notwithstanding any other provision of this Act, a 
Reserve officer who becomes a civilian employee of the Air National 
Guard prior to the effective date of this Act may not, before attaining 
age sixty, while so employed and without his consent, be removed from 
active status by reason of any mandatory promotion provisions con-
tained herein, except for cause, physical disability, or by reason of 
69 
S T A T . ] 
PUBLIC LAW 115-JUNE 30, 1955 
221 
being twice passed over for promotion to the grade of captain, major, 
or lieutenant colonel. 
"SEC. 528. Notwithstanding section 701 of this Act, the Secretary 
is authorized to take, prior to the effective date of this Act, such 
administrative actions, including the convening of appropriate selec-
tion boards, as may be necessary to insure that the Act may be imple-
mented upon its effective date." 
SEC. 5. (a) Section 606 (b) of the Keserve Officer Personnel Act 
is amended by adding at the end thereof the following new paragraph: 
"(4) If a running mate is retarded in rate of promotion or has 
attained the highest rank to which he may be promoted, the new 
running mate shall be the officer of the Regular Coast Guard who is 
next senior to the old running mate, exclusive of extra numbers, or if 
there be no such Regular officer then the Regular officer of the same 
grade who is next eligible for promotion. An officer shall be con-
sidered to have been retarded when another officer in his grade junior 
to him is eligible for promotion ahead of him. If subsequently the 
old running mate is promoted and is restored to the precedence he 
would have held but for the retardation, he shall be reassigned as the 
running mate of the Reserve officer concerned." 
(b) Section 608 of such Act is amended by striking out "and shall 
be allowed the pay and allowances of the higher grade for duty per-
formed from the date his running mate became entitled to such pay 
and allowances" and insert in lieu thereof "and a Reserve officer so 
])romoted shall be allowed pay and allowances of the higher grade for 
duty performed from the date of his appointment thereto". 
(c) Title 6 of such Act is amended by adding at the end thereof 
the following new section: 
"SEC. 619, Officers who, prior to July 1,1955, were selected for pro-
motion under appropriate regulations may be promoted under the 
authority of this Act with precedence and entitlement to pay and 
allowances as prescribed by this Act.". 
SEC. 6. Subsection 302 (f) (1) is amended to read as follows: 
"(f) 'Promotion service' means the aggregate of the following: 
" (1) Any period an officer has held, or is credited by the Secre-
tary with having held, a permanent appointment in his current 
grade in the Army or, in the discretion of the Secretary any other 
armed force of the United States while— 
"(A) in an active status; or 
"(B) on an active list of a regular component; 
"(2) JFor an officer who was on active duty prior to September 
3,1945, any period served on active duty prior to January 1,1949, 
in the Army or, in the discretion of the Secretary, any other armed 
force of the United States while in a temporary grade equal to or 
higher than his current grade; and 
" (3) Any period credited under section 305 (b). 
No period may be counted twice as promotion service. For a person 
credited with service under section 201 or subsection 305 (c) or (d), no 
period prior to appointment or transfer may be counted under (1) or 
(2) as promotion service." 
SEC. 7. Section 303 is amended by adding the following new sub-
sections : 
"(f) The promotion of a Reserve officer under investigation or 
against whom proceedings of a court-martial or board of officers are 
pending may be delayed by the Secretary until such investigation or 
proceedings are completed. 
"(g) Based on the results of an investigation or the proceedings of 
a court-martial or board of officers, the Secretary may remove from 
the recommended list the name of any officer who in his opinion is not 
68 Stat. 1188. 
50 u s e 
1181 
note. 
50 use 1386. 
Running mates, 
S
O use 1388. 
50 u s e 
138 1 
et aeq. 
50 use 1222. 
SO u s e 1225. 
Ante, p. 218. 
50 use 1223. 
Promotion while 
under investiga-
tion. 
222 
PUBLIC LAW 116-JUNE 30, 1955 
[69 ST A T , 
50 u s e 1234. 
50 u s e 1237. 
50 u s e 1262. 
50 u s e 1273. 
P r o m o t i o n 
t o 
higher grade while 
on active duty. 
.»Ah.-
50 u s e 1277. 
qualified for promotion. 
A nonunit officer so removed from a recom-
mended list shall, for the purposes of section 311 be deemed to have 
been considered and not recommended for promotion." 
SEC. 8. Section 314 is amended by inserting the words "other than 
the Judge Advocate General's Corps" after the words "special branch" 
appearing in subsection (a) and by substituting "sections 303, 311, 
or 333" for "section 311" appearing m subsection (d). 
SEC. 9. Section 325 is amended by inserting a colon after the words 
"Eetired Reserve", by deleting that portion of the section following 
such colon, and by adding the following new subsections: 
"(a) If not on active duty, within ninety days after the second selec-
tion board submits its report to the convening authority; or 
"(b) If on active duty, one hundred twenty days after being notified 
of his second nonselection." 
SEC. 10. Section 333 is amended to read as follows: 
"SEC. 333. (a) A Reserve officer on active duty who is promoted to a 
grade higher than that in which he is serving shall continue to serve 
on active duty in the grade in which he was serving immediately 
before that promotion and shall, unless he expressly declines such 
promotion, be deemed to have accepted, effective on the date of such 
promotion, a temporary appointment in the grade in which serving. 
If he does not desire to continue on active duty in the grade in which 
serving, he may. except as provided in subsection (b) hereof, elect to 
be relieved from active duty and shall be promoted on the day subse-
quent to such relief or on the day he would have been promoted had 
he remained on active duty, whichever is the later. If his relief from 
active duty occurs subsequent to the date he would have been promoted 
had he remained on active duty, he shall be credited with the amount 
of promotion service that he would have had if he had remained on 
active duty and been promoted. 
"(b) A Reserve officer on active duty who is recommended or 
found qualified for promotion and who has not completed his period 
of required active duty as a member of a reserve component under 
any provision of law or regulation shall not have the election of relief 
from active duty as provided in subsection (a) hereof but may decline 
a promotion if he does not desire to serve on active duty in a grade 
lower than his permanent grade. A person who so declines a promo-
tion shall, if he applies therefor, be promoted upon being temporarily 
promoted to that higher grade or, subject to subsection (a), ui^on 
completing his period of required active duty." 
SEC. 11. Section 337 of such Act is hereby repealed. 
Approved June 30,1955. 
June 30, 1955 
[H. R. 2973] 
Public Law 116 
CHAPTER 248 
AN ACT 
To provide for the conveyance of all right, title, and interest of the United States 
in a certain tract of land in Macon County, Georgia, to the Georgia State Board 
of Education. 
M a c o n County, 
Ga. 
Conveyance. 
Be it enacted hy the Senate and Home of Representatives 
of the 
United States of America 
in Congress assembled, That upon the 
written consent of the Georgia Livestock Development Authority, 
the United States of America, acting through the Administrator of 
the Farmers Home Administration, is authorized and directed to con-
vey by quitclaim deed to the Georgia State Board of Education, its 
successors and assigns, all of the right, title, and interest retained by 
the United States of America in its quitclaim deed to the Georgia State