Defense Officer Personnel Management Act Technical Corrections Act
PL 97-22 (H.R.3807), enacted 07/10/1981

95 STAT. 124 
PUBLIC LAW 97-22—JULY 10, 1981 
Public Law 97-22 
97th Congress 
An Act 
July 10, 1981 
rp^ make technical corrections in the Defense Officer Personnel Management Act. 
[H.R. 3807] 
Defense Officer 
Personnel 
Management 
Act Technical 
Corrections Act. 
10 u s e 101 note. 
10 u s e 101 note. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) this Act 
may be cited as the "Defense Officer Personnel Management Act 
Technical Corrections Act". 
(b) Whenever in this Act a reference is made to a section of title 10, 
United States Code, as added or amended by "the Act", the reference 
shall be considered to be a reference to that section as added or 
amended effective September 15,1981, by the Defense Officer Person-
nel Management Act (Public Law 96-513; 94 Stat. 2835). 
SEC. 2. (a) Section 101(41) of title 10, United States Code (as added by 
section 101 of the Act (94 Stat. 2840)), is amended by inserting "or 
Coast Guard" after "Navy". 
(b) Section 138(c)(3)(D)(iii)(I) of such title (as added by section 
102(a)(2) of the Act (94 Stat. 2840)) is amended by striking out "and 
active military service". 
(c) Section 266(a) of such title (as amended by section 501(4) of the 
Act (94 Stat. 2907)) is amended— 
(1) by striking out "title," and inserting in lieu thereof "title 
and except for boards that may be convened to select Reserves for 
appointment in the Regular Army, Regular Navy, Regular Air 
Force, or Regular Marine Corps,"; and 
(2) by striking out "an appropriate number of Reserves, as 
prescribed by the Secretary concerned under standards and 
policies prescribed by the Secretary of Defense" and inserting in 
lieu thereof "at least one member of the Reserves, with the exact 
number of Reserves determined by the Secretary concerned in 
his discretion". 
SEC. 3. (a) Section 531 of such title (as added by section 104(a) of the 
Act (94 Stat. 2845)) is amended— 
(1) by inserting "(a)" before "Original appointments"; and 
(2) by adding at the end thereof the following new subsection: 
"(b) The grade of a person receiving an appointment under this 
section who at the time of appointment (1) is credited with service 
under section 533 of this title, and (2) is not a commissioned officer of 
a reserve component shall be determined under regulations pre-
scribed by the Secretary of Defense based upon the amount of service 
credited. The grade of a person receiving an appointment under this 
section who at the time of the appointment is a commissioned officer 
of a reserve component is determined under section 533(f) of this 
title.". 
O
b
) Section 532(d) of such title (as added by section 104(a) of the Act 
(94 Stat. 2846)) is amended by striking out medical officer or dental 
officer or as a chaplain" and inserting in lieu thereof "medical or 
dental officer, as a chaplain, or as an officer designated for limited 
duty in the Regular Navy or Regular Marine Corps *. 
PUBLIC LAW 97-22—JULY 10, 1981 
95 STAT. 125 
(c)(1) Subsection (b)(lXA) of section 533 of such title (as added by ^^ use 533. 
section 104(a) of the Act (94 Stat. 2846)) is amended— 
(A) by inserting ", designated, or assigned" in the first sentence 
after "persons appointed'; 
(B) by striking out "appointment as a commissioned officer" in 
the first sentence and inserting in lieu thereof "such appoint-
ment, designation, or assignment"; and 
(C) by striking out the second sentence and inserting in lieu 
thereof the following: "Except as provided in clause (E), in 
determining the number of years of constructive service to be 
credited under this clause to officers in any professional field, the 
Secretary concerned shall credit an officer with, but with not 
more than, the number of years of postsecondary education in 
excess of four that are required by a majority of institutions that 
award degrees in that professional field for completion of the 
advanced education or award of the advanced degree.". 
(2) Subsection (bXl)(B) of such section is amended by striking out 
"as an officer" and inserting in lieu thereof ", designation, or 
assignment". 
(3) Subsection Ot>)(l)(E) of such section is amended by inserting 
", designated, or assigned" in the second sentence after "being 
appointed". 
(4) Subsection (d)(1) of such section is amended by adding at the end 
thereof the following new sentence: "However, in the case of an 
officer who completes advanced education or receives an advanced 
degree while on active duty or in an active status and in less than the 
number of years normally required to complete such advanced 
education or receive such advanced degree, constructive service may, 
subject to regulations prescribed under subsection (aX2), be credited 
to the officer under subsection (bXlXA) to the extent that the number 
of years normally required to complete such advanced education or 
receive such advanced degree exceeds the actual number of years in 
which such advanced education or degree is obtained by the officer.". 
(5) Subsection (f) of such section is amended to read as follows: 
"(f) A reserve officer (other than a warrant officer) who receives an 
original appointment as an officer (other than as a warrant officer) in 
the Regular Army, Regular Navy, Regular Air Force, or Regular 
Marine Corps shall— 
"(1) in the case of an officer on the active-duty list immediately 
before that appointment as a regular officer, be appointed in the 
same grade and with the same date of rank as the grade and date 
of rank held by the officer on the active-duty list immediately 
before the appointment; and 
"(2) in the case of an officer not on the active-duty list 
immediately before that appointment as a regular officer, be 
appointed in the same grade and with the same date of rank as 
the grade and date of rank which the officer would have held had 
the officer been serving on the active-duty list on the date of the 
appointment as a regular officer.". 
SEC. 4. (aXD Paragraph (2) of subsection (a) of section 612 of title 10, 
United States Code (as added by section 105 of the Act (94 Stat. 2851)), 
is amended to read as follows: 
"(2)(A) Except as provided in subparagraph (B), a selection board 
shall include at least one officer from each competitive category of 
officers to be considered by the board. 
"(B) A selection board need not include an officer from a competi-
tive category to be considered by the board when there are no officers 
of that competitive category on the active-duty list in a grade higher 
95 STAT. 126 
PUBLIC LAW 97-22—JULY 10, 1981 
than the grade of the officers to be considered by the board and 
eligible to serve on the board. However, in such a case the Secretary 
of the military department concerned, in his discretion, may appoint 
as a member of the board an officer of that competitive category who 
is not on the active-duty list from among officers of the same armed 
force as the officers under consideration by the board who hold a 
higher grade than the grade of the officers under consideration and 
who are retired officers, reserve officers serving on active duty but 
not on the active-duty list, or members of the Ready Reserve.". 
(2) Paragraph (3) of such subsection is amended— 
(A) by inserting ", with the exact number of reserve officers to 
be determined by the Secretary of the military department 
concerned in his discretion" after "at least one reserve officer of 
that armed force"; and 
(B) by striking out the period at the end thereof and inserting 
in lieu thereof "who are eligible to serve on the board.". 
(3) Such subsection is further amended by striking out paragraph 
(4) and inserting in lieu thereof the following: 
"(4) Except as provided in paragraphs (2) and (3), if qualified officers 
on the active-duty list are not available in sufficient number to 
comprise a selection board, the Secretary of the military department 
concerned shall complete the membership of the board by appointing 
as members of the board officers who are members of the same armed 
force and hold a grade higher than the grade of the officers under 
consideration by the board and who are retired officers, reserve 
officers serving on active duty but not on the active-duty list, or 
members of the Ready Reserve. 
"(5) A retired general or flag officer who is on active duty for the 
purpose of serving on a selection board shall not, while so serving, be 
counted against any limitation on the number of general and flag 
officers who may be on active duty.". 
(4) Subsection (b) of such section is amended by inserting "convened 
under section 611(a) of this title" after "selection boards". 
10 use 614. 
(b) Section 614(a) of such title (as added by section 105 of the Act (94 
Stat. 2852)) is amended by striking out ", the names of the officers 
eligible for consideration by the board as of the date of the notifica-
tion, the convening date of the board," and inserting in lieu thereof 
"which shall include the convening date of the board . 
(c) Section 619(c)(2) of such title (as added by section 105 of the Act 
(94 Stat. 2855)) is amended— 
(1) by striking out "and" at the end of clause (A); 
(2) by striking out the period at the end of clause (B) and 
inserting in lieu thereof "for the purposes of clause (A); and"; and 
(3) by adding at the end thereof the following new clause: 
"(C) may, by regulation, prescribe a period of time, not to 
exceed one year, from the time an officer is placed on the active-
duty list during which the officer shall be ineligible for considera-
tion for promotion.". 
(d)(1) Subsection (a) of section 624 of such title (as added by section 
105 of the Act (94 Stat. 2857)) is amended— 
(A) by striking out "or in the case of officers selected for 
promotion to the grade of first lieutenant or lieutenant (junior 
grade), when a list of officers selected for promotion is approved 
by the President," in paragraph (1); and 
(B) by adding at the end of paragraph (2) the following new 
sentence: "Officers to be promoted to the grade of first lieutenant 
or lieutenant (junior grade) shall be promoted in accordance with 
regulations prescribed by the Secretary concerned.". 
PUBLIC LAW 97-22—JULY 10, 1981 
95 STAT. 127 
(2) Subsection (c) of such section is amended by striking out "in the 
grade of first Ueutenant or lieutenant (junior grade) under this 
section" and inserting in lieu thereof "under this section in the grade 
of first lieutenant or captain or lieutenant (junior grade) or 
lieutenant". 
(3) Subsection (d) of such section is amended— 
(A) by striking out "The Secretary concerned may delay the 
appointment of an officer under this section if—" in paragraph 
(1) and inserting in lieu thereof "Under regulations prescribed by 
the Secretary concerned, the appointment of an officer under 
this section may be delayed if—"; 
(B) by inserting "then unless action to delay an appointment 
has also been taken under subsection (d)(2)" after "as the case 
may be," in the second sentence of paragraph (1); 
(C) by striking out "The Secretary concerned may also delay 
the appointment of an officer to the next higher grade under this 
section in any case in which the Secretary finds that" in 
paragraph (2) and inserting in lieu thereof "Under regulations 
prescribed by the Secretary concerned, the appointment of an 
officer under this section may also be delayed in any case in 
which"; 
(D) by striking out the period at the end of the first sentence of 
paragraph (3) and inserting in lieu thereof ", unless it is impracti-
cable to give such written notice before the effective date of the 
appointment, in which case such written notice shall be given as 
soon as practicable."; and 
(E) by striking out "by the Secretary" in the second sentence of 
paragraph (3). 
(e)(1) Section 637(b) of such title (as added by section 105 of the Act 10 USC 637. 
(94 Stat. 2864)) is amended by striking out "section 633, 634, 635, or 
636" in paragraph (1) and inserting in lieu thereof "section 633 or 
634". 
(2) Paragraph (2) of such section is amended to read as follows: Retirement 
"(2) An officer subject to retirement under section 635 or 636 of this deferments. 
title who is serving in the grade of brigadier general, commodore 
admiral, major general, or rear admiral may, subject to the needs of 
the service, have his retirement deferred and be continued on active 
duty by the Secretary concerned. An officer subject to retirement 
under section 635 or 636 of this title who is serving in a grade above 
major general or rear admiral may have his retirement deferred and 
be continued on active duty by the President.". 
(f) Section 638(a) of such title (as added by section 105 of the Act (94 
Stat. 2864)) is amended by striking out "four" in clauses (3) and (4) 
and inserting in lieu thereof "three and one-half. 
(g) Section 689 of such title (as added by section 106 of the Act (94 
Stat. 2868)) is amended by striking out the period and inserting in lieu 
thereof ", except that a reserve officer who is credited with service 
under section 3353, 5600, or 8353 of this title and is ordered to active 
duty may be ordered to active duty in a reserve grade and with a date 
of rank and position on the active-duty list determined under regula-
tions prescribed by the Secretary of Defense based upon the amount 
of service credited.". 
(h)(1) The table in subsection (a) of section 741 of such title (as 
amended by section 107 of the Act (94 Stat. 2869)) is amended to read 
as follows: 
95 STAT. 128 
PUBLIC LAW 97-22—JULY 10, 1981 
"Army, Air Force, and 
Marine Corps 
Navy and Coast Guard 
General 
Admiral. 
Lieutenant general 
Vice admiral. 
Major general 
Rear admiral (Navy) and Rear admiral 
(upper half) (Coast Guard). 
Brigadier general 
Commodore admiral (Navy) and Rear 
admiral (lower half) (Coast Guard). 
Colonel 
Captain. 
Lieutenant colonel 
Commander. 
Major 
Lieutenant commander. 
Captain 
Lieutenant. 
First lieutenant 
Lieutenant (junior grade). 
Second lieutenant 
Ensign.". 
(2) Subsection (c) of such section is amended by inserting "of the 
Army, Navy, Air Force, and Marine Corps" after "officers". 
(3) Subsection (d) of such section is amended— 
(A) by inserting "of the Army, Navy, Air Force, or Marine 
Corps" in paragraph (1) after "officer" both places it appears; and 
(B) by inserting "of the Army, Navy, Air Force, or Marine 
Corps" in paragraph (3) after "(other than a warrant officer)". 
(4) The heading of such section is amended to read as follows: 
"§741. Rank: commissioned ofHcers of the armed forces". 
SEC. 5. (a)(1) Subsection (b) of section 3064 of title 10, United States 
Code (as amended by section 231 of the Act (94 Stat. 2886)), is 
amended by striking out "may appoint commissioned officers in, and 
may assign members to," and inserting in lieu thereof "may assign 
commissioned officers (other than officers of the Regular Army) and 
members to". 
(2) Subsection (c) of such section is amended to read as follows: 
"(c) Commissioned officers of the Regular Army may be appointed 
in a special branch, but the Secretary may not assign any officer of 
the Regular Army to a special branch.". 
10 use 3210. 
(b) Section 3210(a) of such title (as amended by section 502(5) of the 
Act (94 Stat. 2909)) is amended by striking out ", exclusive of the 
number authorized for the Army Medical Department and the 
Chaplains," and ", exclusive of the number of commissioned officers 
on the active-duty list authorized for the Army Medical Department 
and the Chaplains". 
(c)(1) Subsection (a) of section 3353 of such title (as amended by 
section 205(a) of the Act (94 Stat. 2881)) is amended— 
(A) by inserting "or an assignment to an officer category in 
which advanced education or training or special experience is 
required or will be directly used" in paragraph (1) after "in the 
Army"; 
(B) by inserting "or assignment" in paragraph (1) after "such 
appointment" both places it appears; 
(C) by inserting "as a regular officer on active duty or as a 
reserve officer" in paragraph (1) after "that he performed"; and 
(D) by striking out "receiving an original appointment" and 
"at the time of such appointment" in paragraph (2). 
(2) Subsection (b)(1) of such section is amended— 
(A) by inserting "or an assignment to an officer category in 
which advanced education or training or special experience is 
required or will be directly used" after "officer in the Army"; 
(B) by striking out "appointed in" in subparagraph (A) and 
inserting in lieu thereof "assigned to"; 
PUBLIC LAW 97-22—JULY 10, 1981 
95 STAT. 129 
(C) by striking out "appointment as a commissioned officer" 
in subparagraph (A) and inserting in lieu thereof "such 
assignment"; 
(D) by striking out the second sentence in subparagraph (A) 
and inserting in lieu thereof the following: "Except as provided 
in clause (E), in determining the number of years of constructive 
service to be credited under this clause to officers in any 
professional field, the Secretary concerned shall credit an officer 
with, but with not more than, the number of years of postsec-
ondary education in excess of four that are required by a 
majority of institutions that award degrees in that professional 
field for completion of the advanced education or award of the 
advanced degree.". 
(E) by striking out "appointment as an officer," in subpara-
graph (B) and inserting in lieu thereof "assignment as an officer 
in such health profession,"; 
(F) by striking out "appointed" in the second sentence of 
subparagraph (E) and inserting in lieu thereof "assigned to such 
health profession"; and 
(G) by striking out "appointed in" in subparagraph (F) and 
inserting in lieu thereof "assigned to". 
(3) Subsection (b)(3) of such section is amended by striking out the 
period and inserting in lieu thereof "or his assignment to an officer 
category in which advanced education or training or special experi-
ence is required or will be directly used.". 
(4) Subsection (c) of such section is amended— 
(A) by inserting "as a commissioned officer (other than a 
warrant officer) on active duty or" after "while serving"; and 
(B) by adding at the end thereof the following new sentence: 
"However, in the case of an officer who completes advanced 
education or receives an advanced degree while in an active 
status and in less than the number of years normally required to 
complete such advanced education or receive such advanced 
degree, constructive service may, subject to regulations pre-
scribed under subsection (a)(2), be credited to the officer under 
subsection (b)(1)(A) to the extent that the number of years, 
normally required to complete such advanced education or\ 
receive such advanced degree exceeds the actual number of years 1 
in which such advanced education or degree is obtained by the 
officer.". 
(5) Subsection (d) of such section is amended by striking out "in the 
Judge Advocate General's Corps with a view to an immediate call to 
active duty'' and inserting in lieu thereof "with a view to assignment 
in the Judge Advocate General's Corps". 
SEC. 6. (a) Subsection (c) of section 5155 of title 10, United States 
Code (as added by section 351 of the Act (94 Stat. 2902)), is amended to 
read as follows: 
"(c) The Secretary of the Navy, whenever the needs of the service 
require, may convene a selection board under section 611(a) of this 
title to select an officer in the Nurse Corps or in the Medical Service 
Corps (if such corps has been established under subsection (a)) for 
promotion to the grade of commodore admiral. An officer promoted 
pursuant to such a selection shall be appointed by the Secretary to 
the position of Director of the Nurse Corps or Director of the Medical^ 
Service Corps, respectively, for a term of four years, to serve at the^ 
pleasure of the Secretary. For the purpose of computing the total 
number of flag officers in the staff corps of the Navy under section 
95 STAT. 130 
PUBLIC LAW 97-22—JULY 10, 1981 
5444 of this title, an officer so appointed shall be considered an 
additional number in grade.". 
10 use 5444. 
(b)(1) Section 5444 of such title (as amended by section 302 of the 
Act (94 Stat. 2888)) is amended by striking out "specified" each place 
it appears in subsection Qy) and inserting in lieu thereof "prescribed". 
(2) Subsection (f) of such section is amended to read as follows: 
"(f) The Secretary, in his discretion, shall prescribe the number of 
commodore admirals, and the number of rear admirals, in each staff 
corps. The total of the prescribed numbers of rear admirals for all the 
staff corps may not exceed 50 percent of the total number computed 
under subsection (b).". 
(c)(1) Subsection (a) of section 5600 of such title (as amended by 
section 328 of the Act (94 Stat. 2895)) is amended— 
(A) by inserting "or who is designated in an officer category in 
which advanced education or training or special experience is 
required or will be directly used" in paragraph (1) after "Marine 
Corps Reserve"; 
(B) by inserting "or designation" in paragraph (1) after "such 
appointment" both places it appears; 
(C) by inserting as a regular officer on active duty or as a 
reserve officer" in paragraph (1) after "that he performed"; and 
(D) by striking out "receiving an original appointment" and 
"at the time of such appointment" in paragraph (2). 
(2) Subsection (b)(1) of such section is amended— 
(A) by inserting "or a designation in an officer category in 
which advanced education or training or special experience is 
required or will be directly used" after "officer in the Navy or 
Marine Corps"; 
(B) by inserting "or designated" in subparagraph (A) after 
"appointed"; 
(C) by inserting "or designation in such a category" in subpara-
graph (A) after "commissioned officer"; and 
(D) by striking out the second sentence in subparagraph (A) 
and inserting in lieu thereof the following: "Except as provided 
in clause (E), in determining the number of years of constructive 
service to be credited under this clause to officers in any 
professional field, the Secretary concerned shall credit an officer 
with, but with not more than, the number of years of postsec-
ondary education in excess of four that are required by a 
majority of institutions that award degrees in that professional 
field for completion of the advanced education or award of the 
advanced degree.". 
(3) Subsection 0))(3) of such section is amended by striking out the 
period and inserting in lieu thereof "or his designation in an officer 
category in which advanced education or training or special experi-
ence is required or will be directly used.". 
(4) Subsection (c) of such section is amended— 
(A) by inserting "as a commissioned officer (other than a 
warrant officer) on active duty or" after "while serving"; and 
(B) by adding at the end thereof the following new sentence: 
"However, in the case of an officer who completes advanced 
education or receives an advanced degree while in an active 
status and in less than the number of years normally required to 
complete such advanced education or receive such advanced 
degree, constructive service may, subject to regulations pre-
scribed under subsection (a)(2), be credited to the officer under 
subsection (b)(lXA) to the extent that the number of years 
normally required to complete such advanced education or 
PUBLIC LAW 97-22—JULY 10, 1981 
95 STAT. 131 
receive such advanced degree exceeds the actual number of years 
in which such advanced education or degree is obtained by the 
officer.". 
SEC. 7. (a) Subsection (a) of section 8353 of title 10, United States 
Code (as amended by section 205(b) of the Act (94 Stat. 2882)), is 
amended— 
(1) by striking out "337 and 363" in paragraph (1) and inserting 
in lieu thereof "837 and 863"; 
(2) by inserting ", or receiving a designation in or assignment 
to an officer category in which advanced education or training or 
special experience is required or will be directly used," in 
paragraph (1) after "in the Air Force"; 
(3) by inserting ", designation, or assignment" in paragraph (1) 
after "such appointment" both places it appears; 
(4) by inserting "as a regular officer on active duty or as a 
reserve officer" in paragraph (1) after "that he performed"; and 
(5) by striking out * receiving an original appointment" in 
paragraph (2) and "at the time of such appointment". 
(b) Subsection (h)(1) of such section is amended— 
(1) by inserting "or a designation in or assignment to an officer 
category in which advanced education or training or special 
experience is required or will be directly used" after "officer in 
the Air Force"; 
(2) by striking out "appointed in" in subparagraph (A) and 
inserting in lieu thereof "designated in or assigned to'; 
(3) by striking out "appointment as a commissioned officer" in 
subparagraph (A) and inserting in lieu thereof "such designation 
or assignment"; 
(4) by striking out the second sentence in subparagraph (A) and 
inserting in lieu thereof "Except as provided in clause (E), in 
determining the number of years of constructive service to be 
credited under this clause to officers in any professional field, the 
Secretary concerned shall credit an officer with, but with not 
more than, the number of years of postsecondary education in 
excess of four that are required by a majority of institutions that 
award degrees in that professional field for completion of the 
advanced education or award of the advanced degree.". 
(5) by striking out "appointment as an officer," in subpara-
graph (B) and inserting in lieu thereof "designation or assign-
ment as an officer in such health profession,"; and 
(6) by striking out "appointed" in the second sentence of 
subparagraph (E) and inserting in lieu thereof "designated in or 
assigned to such health profession". 
(c) Subsection (b)(3) of such section is amended by striking out the 
period and inserting in lieu thereof "or his designation in or assign-
ment to an officer category in which advanced education or training 
or special experience is required or will be directly used.". 
(a) Subsection (c) of such section is amended— 
(A) by inserting "as a commissioned officer (other than a 
warrant officer) on active duty or" after "while serving"; and 
(B) by adding at the end thereof the following new sentence: 
"However, in the case of an officer who completes advanced 
education or receives an advanced degree while in an active 
status and in less than the number of years normally required to 
complete such advanced education or receive such advanced 
degree, constructive service may, subject to regulations pre-
scribed under subsection (aX2), be credited to the officer under 
subsection Ot>)(lXA) to the extent that the number of years 
95 STAT. 132 
PUBLIC LAW 97-22—JULY 10, 1981 
normally required to complete such advanced education or 
receive such advanced degree exceeds the actual number of years 
in which such advanced education or degree is obtained by the 
officer.", 
(e) Subsection (d) of such section is amended by striking out "in the 
Judge Advocate General's Corps" and inserting in lieu thereof "with 
a view to designation as a judge advocate". 
SEC. 8. (a) Section 601 of the Defense Officer Personnel Manage-
10 use 611 note, ment Act (94 Stat. 2940) is amended— 
(1) by striking out "paragraph" in subsection (b) and inserting 
in lieu thereof subsection'; and 
(2) by adding at the end thereof the following new subsection: 
"(dXl) Any delay of a promotion of an officer referred to in clause 
(2) or (3) of subsection (a) that was in effect on September 14, 1981, 
under the laws and regulations in effect on such date shall continue 
in effect on and after September 15, 1981, as if such promotion had 
been delayed under section 624<d) of title 10, United States Code, as 
94 Stat. 2857. 
added by this Act. 
"(2) Any action to remove from a promotion list the name of an 
officer referred to in clause (2) or (3) of subsection (a) that was 
initiated before September 15, 1981, under the laws and regulations 
in effect before such date shall continue on and after such date as if 
such removal action had been initiated under section 629 of title 10, 
United States Code, as added by this Act.". 
10 use 611 note. 
(b) Section 602 of such Act (94 Stat. 2940) is amended— 
(1) by striking out clause (3) of subsection (b) and inserting in 
lieu thereof the following: 
"(3) either holds a reserve grade higher than the temporary 
grade in which he is serving or is on a list of officers recom-
mended for promotion to a reserve grade higher than the 
temporary grade in which he is serving,"; and 
(2) by adding at the end thereof the following new subsection: 
"(cXl) Any delay of a promotion of an officer referred to in clause 
(B) of subsection (aXD that was in effect on September 14,1981, under 
the laws and regulations in effect on such date shall continue in effect 
on and after September 15, 1981, as if such promotion has been 
delayed under section 624(d) of title 10, United States Code, as added 
by this Act. 
"(2) Any action to remove from a promotion list the name of an 
officer referred to in clause (B) of subsection (aXD that was initiated 
before September 15, 1981, under the laws and regulations in effect 
before such date shall continue on and after such date as if such 
removal action had been initiated under section 629 of title 10, United 
94 Stat. 2860. 
States Code, as added by this Act.". 
10 use 611 note. 
(c) Section 608(aXl) of such Act (94 Stat. 2943) is amended bv 
inserting "or is on a list of officers recommended for promotion to' 
after "serving in". 
94 Stat. 2945. 
(d) Section 611 of such Act (94 Stat. 2943) is amended by adding at 
10 use 611 note, the end thereof the following new subsection: 
"(cXD Any delay of a promotion of an officer referred to in clause (2) 
of subsection (a) that was in effect on September 14, 1981, under the 
laws and regulations in effect on such date, shall continue in effect on 
and after September 15, 1981, as if such promotion had been delayed 
under section 624(d) of title 10, United States Code, as added by this 
Act. 
"(2) Any action to remove from a promotion list the name of an 
officer referred to in clause (2) of subsection (a) which was initiated 
before September 15, 1981, under the laws and regulations in effect 
PUBLIC LAW 97-22—JULY 10, 1981 
95 STAT. 133 
before such date shall continue on and after such date as if such 
removal action had been initiated under section 629 of title 10, United 
States Code, as added by this Act.". 
94 Stat. 2860. 
(e) Section 612 of such Act (94 Stat. 2945) is amended— 
lo use 611 note. 
(1) by striking out "An" and inserting in lieu thereof "(a) 
Except as provided in subsection Oa), an"; and 
(2) by adding at the end thereof the following new subsection: 
"(b) An officer who dur^g fiscal year 1981— 
"(1) failed twice of selection for promotion to the grade of either 
lieutenant or lieutenant commander, in the C£ise of an officer in 
the Navy, or to either captain or major, in the case of an officer in 
the Marine Corps; and 
"(2) had not previously failed of selection for promotion to that 
grade, 
may not, because of such failures of selection, be involuntarily 
separated, involuntarily discharged, or retired under chapter 36 of 
title 10, United States Code, as added by this Act, before June 30, 94 Stat. 2850. 
1982, unless the officer so requests.". 
(f) Section 613 (pf such Act (94 Stat. 2945) is amended— 
10 USC 611 note. 
(1) by striking out the period in subsection (a)(1) and inserting 
in lieu thereof ", except that an officer for whom no means can be 
established under the laws in effect on September 14, 1981, for 
computing creditable service in determining whether the officer 
is subject to involuntary retirement shall be retired under 
chapter 573 of title 10, United States Code, as in effect on 10 USC 6371 et 
September 14, 1981, on the basis of the years of service of such ^^^' 
officer as determined under regulations prescribed under section 
624(b)."; 
?o'uSC6lTnote 
(2) by striking out subsection (aX2)(A) and inserting in lieu 
thereof the following: 
"(A) removed from active duty under section 1184 of title 10, 
United States Code, as added by this Act;"; and 
(3) by inserting "day before the" in subsections (b)(1) and (b)(2) 
after "who on the". 
(g) Section 615(c) of such Act (94 Stat. 2948) is amended by striking lO USC 611 note. 
out ", in lieu of being reappointed in the line of the Navy under 
subsection (a), be appointed in that staff corps" and inserting in lieu 
thereof "request appointment in a staff corps and, with the approval 
of the Secretary of the Navy, be appointed in that staff corps. Any 
appointment under this subsection shall be in lieu of the reappoint-
ment of the officer under subsection (a)", 
(h) Section 616 of such Act (94 Stat. 2949) is amended— 
10 USC 6ii note. 
(1) by inserting "(a)" before "An officer"; and 
(2) by adding at the end thereof the following new subsection: 
"(b) Any female member of the Navy who on April 2, 1981, was 
appointed under section 591 or 5590 of title 10, United States Code, in 
the grade of ensign as an officer designated for limited duty may after 
September 14, 1981, be reappointed as an officer designated for 
limited duty under section 5596 of title 10, United States Code, as 
amended by this Act. A member so reappointed shall have a date of 
rank as an ensign of April 2, 1981, and shall have the same 
permanent pay grade and status as that member held on April 1, 
1981.". 
(i) Part B of title VI of such Act (94 Stat. 2945), is amended by 
adding at the end thereof the following new sections: 
95 STAT. 134 
PUBLIC LAW 97-22—JULY 10, 1981 
"CONTINGENCY AUTHORITY FOR NAVY PROMOTIONS UNDER PRIOR LAW 
1
0 use 611 note. 
"SEC. 619. If necessary because of unforeseen circumstances, the 
Secretary of the Navy, during fiscal year 1982, may convene boards to 
select officers for promotion under chapters 545 and 549 of title 10, 
1
0 use 5751 et 
United States Code, as in effect on September 14,1981, and officers so 
seq., 5891 et seq. ggjectod may be promoted in accordance with such chapters. An 
officer promoted to a higher grade under the authority of this section 
94 Stat. 2945, 
shall be subject to sections 613 and 629 as if he held that grade on 
f
n
^
T
^
T
o
r
i C
1
1 * 
September 14,1981, and shall have a date of rank to be determined 
lu ubc 611 note. ^^^^^ section 741 of title 10, United States Code, as amended by this 
94 Stat. 2869. 
^^t. 
"RETENTION ON ACTIVE DUTY OF CERTAIN RESERVE LIEUTENANT 
COMMANDERS 
1
0 use 611 note. 
"SEC. 620. Notwithstanding section 6389 of title 10, United States 
Code, an officer who on September 14,1981— 
"(1) holds the grade of lieutenant commander in the Naval 
Reserve; 
"(2) is on active duty as the result of recall orders accepted 
subsequent to a break in active commissioned service; 
"(3) is subject to placement on the active-duty list; and 
"(4) is considered— 
"(A) to have failed of selection for promotion to the grade 
of commander one or more times under chapter 545 of title 
10, United States Code, as in effect on September 14,1981; or 
"(B) to have been later considered to have failed of selec-
tion for promotion to the grade of commander one or more 
94 Stat. 2850. 
times Under chapter 36 of title 10, United States Code, as 
added by this Act, 
may be retained on active duty by the Secretary of the Navy for such 
period as the Secretary considers appropriate.". 
1
0 use 611 note. 
(j) Section 621(b) of such Act (94 Stat. 2950) is amended to read as 
follows: 
"(b) Under regulations prescribed by the Secretary of Defense, 
which shall apply uniformly among the Army, Navy, Air Force, and 
Marine Corps, the Secretary of the military department concerned, in 
order to maintain the relative seniority among officers of the Army, 
Navy, Air Force, and Marine Corps as it existed on September 14, 
1981, may adjust the date of rank of officers— 
"(1) below the grade of brigadier general or commodore admi-
ral during the one-year period beginning on September 15,1981; 
and 
"(2) above the grade of colonel or, in the case of the Navy, 
captain until there are no longer any officers to whom section 
614(d) is applicable.". 
1
0 use 611 note. 
(k) Section 624(b) of such Act (94 Stat. 2951) is amended— 
(1) by inserting "subject to placement on the active-duty list on 
September 15, 1981, after "In the case of an officer"; and 
(2) by striking out "Defense" and inserting in lieu thereof "the 
military department concerned". 
1
0 use 611 note. 
(1) Section 626(b) of such Act (94 Stat. 2952) is amended by striking 
out "any provision of chapter 36" and inserting in lieu thereof 
"section 1251". 
1
0 use 611 note. 
(m) Section 629 of such Act (94 Stat. 2953) is amended by adding at 
the end thereof the following new sentence: "The Secretary of the 
military department concerned may waive the requirements of this 
PUBLIC LAW 97-22—JULY 10, 1981 
95 STAT. 135 
section and of section 1370(a)(2) of title 10, United States Code, as 
added by this Act, with respect to any officer described in the 
preceding sentence.". 
(n) Part C of title VI of such Act (94 Stat. 2950) is amended by 
adding at the end thereof the following new sections: 
"SAVINGS PROVISION FOR RETIRED GRADE OF CERTAIN RESERVE OFFICERS 
"SEC. 634. Unless entitled to a higher grade under any other lo use 6ii note. 
provision of law, a member of the Army or Air Force who is a reserve 
officer and who— 
"(1) is on active duty on September 14,1981; and 
"(2) after such date retires under section 3911 or 8911 of title 
10, United States Code, 
is entitled to retire in the reserve grade which he held or to which he 
had been selected for promotion on September 14,1981. 
"SAVINGS PROVISION FOR ORIGINAL APPOINTMENT IN CERTAIN GRADES 
UNDER EXISTING REGULATIONS 
"SEC. 635, Any person who before September 15,1981— 
lo use 6ii note. 
"(1) was selected for participation in a postbaccalaureate 
educational program leading to an appointment as a commis-
sioned officer or had completed a postbaccalaureate program and 
was selected for appointment as a commissioned officer of the 
Army, Navy, Air Force, or Marine Corps; 
"(2) under regulations of the Secretary of the military depart-
ment concerned in effect on December 12,1980, would have been 
appointed and ordered to active duty in a grade specified or 
determined in accordance with such regulations; and 
"(3) had not been so appointed and ordered to active duty, 
may be appointed and ordered to active duty in such grade with a 
date of rank and position on the active-duty list junior to that of all 
other officers of the same grade and competitive category serving on 
active duty. 
"RETENTION IN GRADE OF CERTAIN RESERVE OFFICERS 
"SEC. 636. A reserve officer of the Army, Navy, Air Force, or lo use 6ii note. 
Marine Corps who on September 14,1981— 
"(1) is serving on active duty (A) under section 100i)X2) of the 
Military Selective Service Act (50 U.S.C. App. 4600t)X2)) for the 
administration of the Selective Service System, or (B) under 
section 708 of title 32; and 
"(2) is serving in a temporary grade or is selected for promotion 
to a temporary grade, 
may continue to serve in or may be promoted to and serve in such 
grade until promoted to a higher grade, separated, or retired. 
"SAVINGS PROVISION REGARDING DISCHARGE OF REGULAR OFFICERS 
"SEC. 637. An officer of the Regular Army, Regular Navy, Regular lo use 611 note. 
Air Force, or Regular Marine Corps who on September 14,1981, was 
serving on active duty may not be discharged under section 630(1XA) 
of title 10, United States Code, as added by this Act, on or after the 
day on which that officer completes three years of continuous service 
as a regular commissioned officer. 
89-194 0—82 
11 : QL3 
95 STAT. 136 
PUBLIC LAW 97-22—JULY 10, 1981 
10 u s e 611 note. 
94 Stat. 2870. 
10 u s e 101, 14 
usei. 
10 u s e 611 note. 
Service in grade 
requirements for 
women. 
10 u s e 5752 
note. 
10 u s e 3962. 
10 u s e 5444, 
5455. 
REPAYMENT OP READJUSTMENT AND SEVERANCE PAY 
"SEC. 638. Notwithstanding section 1174(h) of title 10, United 
States Code, as added by this Act, a person who received readjust-
ment or severance pay before September 15, 1981, and who, on or 
after September 15,1981, becomes entitled to retired or retainer pay 
under any provision of 
title 10 or title 14, United States Code, shall be 
required to repay that readjustment pay or severance pay in accord-
ance with the laws in effect on September 14,1981.". 
(o) Section 641 of 
such Act (94 Stat. 2954) is amended— 
(1) bv inserting "or Dental Corps" in clause (1) after "Medical 
Corps both places it appears; 
(2) bv inserting "or dental officer" in clause (1) after "medical 
officer both places it appears; and 
(3) by inserting "or 302b" in clause (2) after "section 302". 
(p) The table of contents in section 1(b) of such Act (94 Stat. 2835) is 
amended— 
(1) by inserting after the item relating to section 618 the 
following new items: 
"ciec. 619. Contingency authority for Navy promotions under prior law. 
"Sec. 620. Retention on active duty of certeiin reserve lieutenant commanders."; 
and 
(2) by inserting after the item relating to section 633 the 
following new items: 
"Sec. 634. Savings provision for retired grade of certain reserve officers. 
"Sec. 635. Savings provision for original appointments in certain grades under exist-
ing regulations. 
"Sec. 636. Retention in grade of certain reserve officers. 
"Sec. 637. Savings provision regarding discharge of regular officers. 
"Sec. 638. Repayment of readjustment and severance pay.". 
SEC. 9. Notwithstanding section 5752(aX3) of title 10, United States 
Code, for selection boards convened on or after the date of enactment 
of this Act and before September 15, 1981, service in grade require-
ments shall be established under regulations prescribed by the 
Secretary of the Navy for eligibility for consideration for promotion 
of female officers in the line of the Navy to the grade of lieutenant 
commander and female officers in the Marine Corps to the grade of 
major. 
SEC. 10. (aXD Section 501(10) of the Defense Officer Personnel 
Management Act (94 Stat. 2908) is amended by striking out subpara-
graph (A) and inserting in lieu thereof the following: 
"(A) by striking out the item relating to section 741 and 
inserting in lieu thereof: 
" '741. Rank: commissioned officers of the armed forces.'; and". 
(2) Section 502 of such Act (94 Stat. 2908) is amended— 
(A) by striking out subparagraph (B) of paragraph (9) and 
inserting in lieu thereof the following: 
"(B) by adding at the end thereof the following new item: 
" '3396. Exclusion of officers on the active-duty list.'."; 
and 
(B) by striking out "8066" in the first quoted matter in 
paragraph (19XA) and inserting in lieu thereof 3066". 
(3) Section 503 of such Act (94 Stat. 2911) is amended by striking out 
paragraphs (19), (23), and (24). 
(4) Section 504(11) of 
such Act (94 Stat. 2916) is amended by striking 
out subparagraph (B) and inserting in lieu thereof the following: 
"(B) by adding at the end thereof the following new item: 
" '8396. Exclusion of officers on the active-duty list.'.". 
PUBLIC LAW 97-22—JULY 10, 1981 
95 STAT. 137 
(b) Effective September 15, 1981, title 10, United States Code, is 
Eunended as follows: 
(1) Section 123(a) is amended by striking out "3494," and 
"8494,". 
(2) Section 1075 is amended by inserting ", or an enlisted 
member of a uniformed service entitled to basic allowance for 
subsistence," after "uniformed service" in the first sentence. 
(3) Section 2147(dXl) is amended by striking out "section 
1072(2XE)" and inserting in lieu thereof "section 1072(2XD)". 
(4) Section 3034(b) is amended by striking out the comma after 
"grade". 
(5) The table of sections at the beginning of chapter 367 is 
amended by striking out the item relating to section 3922. 
(6XA) Section 5455 is repealed. 
(B) The table of sections at the beginning of chapter 533 is 
amended by striking out the item relating to section 5455. 
(7) The table of sections at the beginning of chapter 539 is 
amended— 
(A) by striking out the item relating to section 5573a; and 
(B) by striking out the item relating to section 5596 and 
inserting in lieu thereof the following: 
"5596. Navy and Marine Corps: temporary appointments of warrant officers and 
officers designated for limited duty.". 
(8) Section 6325(b) is amended— 
(A) by striking out "under section 5597" and inserting in 
lieu thereof "or promoted under section 603"; and 
(B) by striking out "5787 or 5787d" and inserting in lieu 
thereof "602 or 5721". 
(9) Section 8034(b) is amended by striking out the comma after 
"grade". 
(lOXA) Section 1174(c) is amended by striking out "on or after 
the effective date of the Defense Officer Personnel Management 
Act" and inserting in lieu thereof "after September 14, 1981,". 
(B) Sections 5896, 5897, 5898(b), 5899, and 6403(a) are amended 
by striking out "the effective date of the Defense Officer Person-
nel Management Act" each place it appears and inserting in lieu 
thereof "September 15,1981^'. 
(c) Effective September 15, 1981, section 415(a) of title 37, United 
States Code, is amended by striking out "subsections (b) and (c)" and 
inserting in lieu thereof "subsection (b)". 
(d) Effective September 15,1981, Public Law 93-397 (10 U.S.C. 8202 
note) is repealed. 
SEC. 11. (a) Title 10, United States Code, is amended as follows: 
(1) Section 977(a) is amended by striking out "on or after the 
date of the enactment of the Department of Defense Authoriza-
tion Act, 1981" and inserting in lieu thereof "after September 7, 
1980". 
(2) Section 10790)X4) is amended by striking out "Secretary of 
Health, Education, and Welfare" and inserting in lieu thereof 
"Secretary of Health and Human Services". 
(3) Sections 1450(d) and 1452(e) are amended by striking out 
"Civil Service Commission" and inserting in lieu thereof "Office 
of Personnel Management". 
(4) Section 1451(aX4) is amended by striking out "the effective 
date of the Uniformed Services Survivor Benefits Amendments 
of 1980" and inserting in lieu thereof "December 1, 1980". 
(5) Section 1452(gX4) is amended by striking out "section 1452 
of 
this title" and inserting in lieu thereof "this section". 
10 
use 123. 
94 
Stat. 1113. 
Repeal. 
94 
Stat. 2870. 
94 
Stat. 2914, 
2915. 
Repeal. 
94 
Stat. 1119. 
94 
Stat. 3254. 
94 
Stat. 1705. 
94 
Stat. 1706. 
1018. 
95 STAT. 138 
PUBLIC LAW 97-22—JULY 10, 1981 
J? ^?? ! S 
(6) Section 1489(bX3) is amended by striking out "section 14 of 
9
4 btat. 1979. 
^j^^ ^^^ ^^ August 1,1956 (22 U.S.C. 2679a)" and inserting in lieu 
thereof "section 413 of the Foreign Service Act of 1980 (22 U.S.C. 
94 Stat. 2092. 
3973)". 
94 Stat. 2162. 
(7) Section 2002(a) is amended— 
(A) in the text preceding clause (1) by inserting "(22 U.S.C. 
4021(b))" after "section 7O10b) of the Foreign Service Act of 
1980"; and 
(B) in clause (2) by inserting "(22 U.S.C. 4021(a))" after 
"section 701(a) of the Foreign Service Act of 1980". 
94 Stat. 1017, 
(8) Sections 2324(b)(2)(B) and 2328 are amended by striking out 
"this Act" and inserting in lieu thereof "this chapter". 
(9) Section 2688(a) is amended by striking out "the date of the 
enactment of the Military Construction Authorization Act, 1980" 
and inserting in lieu thereof "November 26,1979". 
(10) Section 7430(e) is amended by striking out "1969" each 
place it appears and inserting in lieu thereof "1979". 
(11) Section 9621(f) is amended by striking out the comma in 
the second sentence. 
(bXD Section 308c(e) of title 37, United States Code, is amended by 
striking out "Secretary of defense" and inserting in lieu thereof 
"Secretary of Defense". 
(2) Effective as of October 1,1980, the second sentence of section 
403(b) of title 37, United States Code, is amended by striking out "who 
is in" and all that follows through "who is assigned" and inserting in 
lieu thereof "who is in a pay grade above pay grade E-6 and who is 
assicmed 
(3XA) The heading of section 406b of title 37, United States Code, is 
amended to read as follows: 
"§406b. Travel and transportation allowances: members of the 
uniformed services attached to a ship overhauling or 
inactivating away from home port". 
(B) The item relating to such section in the table of sections at the 
beginning of chapter 7 of such title is amended to read as follows: 
"406b. Travel and transportation allowances: members of the uniformed services 
attached to a ship overhauling or inactivating away from home port.". 
(c) Section 806(b) of the Military Construction Authorization Act, 
1981 (Public Law 96-418; 94 Stat. 1777), is amended by striking out 
"section 2662" and inserting in lieu thereof "section 2672". 
Approved July 10, 1981. 
LEGISLATIVE HISTORY—H.R. 3807: 
HOUSE REPORT No. 97-141 (Comm. on Armed Services). 
CONGRESSIONAL RECORD, Vol. 127 (1981): 
June 16, considered and passed House. 
June 25, considered and passed Senate.