An Act to amend title 10, United States Code, to revise certain provisions relating to the promotion and involuntary retirement of officers of the regular components of the Armed Forces.
PL 86-616 (S.1795), enacted 07/12/1960

386 
62 Stat. 386. 
49 u s e 903. 
46 u s e 842. 
46 u s e 848. 
PUBLIC LAW 86-616-JULY 12, 1960 
[74 ST A T 
carriers by water operating between Hawaiian ports, and between 
those ports and other ports in the United States." 
SEIO. 8. Section 303(e) 
of the 
Interstate 
Ck)mmerce Act 
is 
amended by adding a new subsection 3 to read as follows: 
"(3) Notwithstanding any other provision of this Act, any com-
mon carrier by motor vehicle which was engaged also in operations 
between the United States and Alaska as a common carrier by water 
subject to regulation by the Federal Maritime Board under the 
Shipping Act of 1916, as amended, and the Intercoastal Shipping 
Act of 1933, as amended, prior to January 3, 1959, and has so op-
erated since that time, shall as to such operations, remain subject 
to the jurisdiction of the Federal Maritime Board." 
Approved July 12, 1960. 
July 12, 1960 
[S. 1795] 
Public Law 86-616 
AN ACT 
Relating to the promotion and separation of certain officers of the regular com-
ponents of the armed forces. 
Army. 
Be it enacted by the Senate and House of Representatives 
of the 
omcer^°/S"o- Ignited States of Atnerica in Congress assemhled, That chapter 335 of 
Hon and separa- title 10, United States Codc, is amended-^ 
70A Stat. 181. 
(1) by adding the following new sentence at the end of section 
3297(d) : "Notwithstanding any other provision of law, a board 
that is to recommend officers for promotion whom it considers to 
be the best qualified may recommend only those officers whom it 
also considers to be fully qualified."; 
(2) by amending the last sentence of section 3300(c) to read as 
follows: "However, the number prescribed by the Secretary for 
recommendation must be at least 80 percent of those listed for 
consideration for the first time."; and 
(3) by amending section 3303(d) (3) by striking out the words 
"the date he would have been retired under section 3913 of this 
title if he were eligible" and inserting the words "such date as 
may be requested by him and approved under regulations to be 
prescribed by the Secretary of the Army, but not later than the 
first day of the seventh calendar month after the Secretary ap-
proves the report of that board" in place thereof. 
SEC. 2. (a) Chapter 359 of title 10, United States Code, is amended 
to read as follows: 
"CHAPTER 359.—SEPARATION FROM REGULAR ARMY FOR 
SUBSTANDARD PERFORMANCE OF DUTY 
"Sec. 
"3781. Selection boards: composition; duties. 
"3782. Boards of inquiry: coniposition; duties. 
"3783. Boards of review : composition ; duties. 
"3784. Removal of officer: action by Secretary of the Army upon recommen-
dation. 
"3785. Rights and procedures. 
"3786. Officer considered for removal: voluntary retirement or honorable dis-
charge ; severance benefits. 
"3787. Officers eligible to serve on boards, 
"§ 3781. Selection boards: composition; duties 
"The Secretary of the Army may at any time convene a board of 
officers to review the record of any commissioned officer on the active 
list of the Regular Army to determine whether he shall be required, 
because his performance of duty has fallen below standards prescribed 
by the Secretary, to show cause for his retention on the active list. 
74 S T A T . ] 
PUBLIC LAW 86-616-JULY 12, 1960 
387 
"§ 3782. Boards of inquiry: composition; duties 
" (a) Boards of inquiry, each composed of three or more officers, shall 
be convened, at such places as the Secretary of the Army may pre-
scribe, to receive evidence and make findings and recommendations 
whether an officer, required to show cause under section 3781 of this 
title, ghall be retained on the active list of the Regular Army. 
"(b) A fair and impartial hearing before a board of inquiry shall 
be given to each officer so required to show cause for retention. 
"(c) If a board of inquiry determines that the officer has failed to 
establish that he should be retained on the active list, it shall send the 
record of its proceedings to a board of review. 
"(d) If a board of inquiry determines that the officer has established 
that he should be retained on the active list, his case is closed. How-
ever, at any time after one year from the date of that determination, 
he may be again required to show cause for retention under section 
3781 of this title. 
"§3783. Boards of review: composition; duties 
" (a) Boards of review, each composed of three or more officers, shall 
be convened by the Secretary of the Army, at such times as he may 
prescribe, to review the records of cases of officers recommended by 
boards of inquiry for removal from the active list of the Regular Army 
under section 3782 of this title. 
"(b) If, after reviewing the record of the case, a board of review 
determines that the officer has failed to establish that he should be 
retained on the active list, it shall send its recommendation to the 
Secretary for his action. 
"(c) If5 after reviewing the record of the case, a board of review de-
termines that the officer has established that he should be retained on 
the active list, his case is closed. However, at any time after one year 
from the date of that determination, he may be again required to show 
cause for retention under section 3781 of this title. 
"§3784. Removal of officer: action by Secretary of the Army upon recom-
mendation 
"The Secretary of the Army may remove an officer from the active 
list of the Regular Army if his removal is recommended by a board 
of review under this chapter. The Secretary's action in such a case is 
final and conclusive. 
"§ 3785. Rights and procedures 
"Each officer under consideration for removal from the active list 
of the Regular Army under this chapter shall be— 
"(1) notified in writing, at least 30 days before the hearing 
of his case by a board of inquiry, that he is being required to show 
cause for retention on the active list; 
"(2) allowed reasonable time, as determined by the board of 
inquiry under regulations of the Secretary of the Army, to 
prepare his defense; 
" (3) allowed to appear in person and by counsel at proceedings 
before a board of inquiry; and 
"(4) allowed full access to, and furnished copies of, records 
relevant to his case at all stages of the proceeding. 
"§ 3786. Officer considered for removal: voluntary retirement or honorable dis-
charge; severance benefits 
"(a) At any time during proceedings under this chapter and before 
the removal of an officer from the active list of the Regular Army, the 
Secretary of the Army may grant his request— 
"(1) for voluntary retirement, if he is otherwise qualified 
therefor: or 
"(2) for honorable discharge with severance benefits under 
subsection (b). 
388 
PUBLIC LAW 86-616-JULY 12, 1960 
[74 S T A T . 
" ( b ) Each officer removed from the active list of the Eegular A r m y 
under this chapter shall— 
"(1) if on the date of removal he is eligible for voluntary 
retirement under any law, be retired in the grade and with the 
pay for which he would be eligible if retired at his request; or 
"(2) if on that date he is ineligible for voluntary retirement 
under any law, be honorably discharged in the grade then held 
with severance pay computed by multiplying his years of active 
commissioned service, but not more than 12, by one month's basic 
pay of that grade. 
"(c) F o r the purposes of subsection (b) (2), a part of a year that 
is six months or more is counted as a whole year, and a part of a year 
that is less than six months is disregarded. 
"§ 3787. OflScers eligible to serve on boards 
" ( a ) No officer may serve on a board under this chapter unless he 
iiolds a regular or temporary grade above lieutenant colonel, and is 
senior in regular grade to, and outranks, any officer considered by that 
board. 
" (b) No person may be a membter of more than one board convened 
under this chapter for the same officer." 
(b) The analysis of subtitle B and the analysis of part I I of subtitle 
B are each amended by striking out the following item : 
"359. Separation from Regular Army for Failure to Meet Standards 
3781" 
and inserting the following item in place thereof: 
"359. Separation from Regular Army for Substandard 
Performance 
of Duty 
3781" 
(c) The amendments made by this section do not apply to any pro-
ceedings begun under chapter 359 of title 10, United States Code, 
before the enactment of this section. 
SEC. 3. (a) Subtitle B of title 10, United States Code, is amended 
by inserting the following new chapter after chapter 359: 
"CHAPTER 360.—SEPARATION FROM REGULAR ARMY FOR MORAL OR 
PROFESSIONAL DERELICTION OR IN INTERESTS OF NATIONAL 
SECURITY 
"Sec. 
"3791. Selection boards: composition; duties. 
"3792. Boards of inquiry: composition; duties. 
"3793. Boards of review: composition; duties. 
"3794. Removal 
of 
officer: 
action 
by 
Secretary 
of 
the 
Army 
upon 
recommendation. 
"3795. Rights and procedures. 
"3796. Officers considered for removal: retirement or discharge. 
"3797. Officers eligible to serve on boards. 
"§ 3791. Selection boards: composition; duties 
"The Secretary of the Army may at any time convene a board of 
general officers to review the record of any commissioned officer on 
the active list of the Regular A r m y to determine whether he shall be 
required, because of moral dereliction, professional dereliction, or 
because his retention is not clearly consistent with the interests of 
national security, to show cause for his retention on the active list. 
"§ 3792. Boards of inquiry: composition; duties 
" ( a ) Boards of inquiry, each composed of three or more general 
officers, shall be convened at such places as the Secretary of the A r m y 
may prescribe, to receive evidence and make 
findings 
and recom-
mendations whether an officer, required to show cause under section 
3791 of this title, shall be retained on the active list of the Eegular 
Army. 
74 S T A T . ] 
PUBLIC LAW 86-616-JULY 12, 1960 
389 
"(b) A fair and impartial hearing before a board of inquiry shall 
be given to each officer so required to show cause for retention. 
"(c) If a board of inquiry determines that the officer has failed to 
establish that he should be retained on the active list, it shall send the 
record of its proceeding to a board of review. 
"(d) If a board of inquiry determines that the officer has estab-
lished that he should be retained on the active list, his case is closed. 
However, at any future time, he may be again required to show cause 
for retention under section 3791 of this title. 
"§3793. Boards of review: composition; duties 
"(a) Boards of review, each composed of three or more general 
officers, shall be convened by the Secretary of the Army, at such times 
as he may prescribe, to review the records of cases of officers recom-
mended by boards of inquiry for removal from the active list of the 
Regular Army under section 3792 of this title. 
"(b) If, after reviewing the record of the case, a board of review 
determines that the officer has failed to establish that he should be 
retained on the active list, it shall send its recommendation to the 
Secretary for his action. 
"(c) If, after reviewing the record of the case, a board of review 
determines that the officer has established that he should be retained 
on the active list, his case is closed. 
However, at any future time, he 
may be again required to show cause for retention under section 3791 
of this title. 
"§3794. Removal of officer: action by Secretary of the Army upon recom-
mendation 
"The Secretary of the Army may remove an officer from the active 
list of the Regular Army if his removal is recommended by a board 
of review under this chapter. 
The Secretary's action in such a case 
is final and conclusive. 
"§3795. Rights and procedures 
"Each officer under consideration for removal from the active list 
of the Regular Army under this chapter shall be— 
"(1) notified in writing of the charges against him, at least 
30 days before the hearing of his case by a board of inquiry, for 
which he is being required to show cause for retention on the 
active list; 
"(2) allowed reasonable time, as determined by the board of 
inquiry under regulations of the Secretary of the Army, to pre-
pare his defense; 
"(3) allowed to appear in person and by counsel at proceed-
ings before a board of inquiry; and 
"(4) allowed full access to, and furnished copies of, records 
relevant to his case at all stages of the proceeding, except that 
a board shall withhold any records that the Secretary deter-
mines should be withheld in the interests of national security. 
In any case where any records are withheld under clause (4), the 
officer whose case is under consideration shall, to the extent that the 
national security permits, be furnished a summary of the records so 
withheld. 
"§ 3796. Officers considered for removal: retirement or discharge 
" (a) At any time during proceedings under this chapter and before 
the removal of an officer from the active list of the Regular Army, 
the Secretary of the Army may grant his request— 
"(1) for voluntary retirement, if he is otherwise qualified 
therefor; or 
" (2) for discharge under subsection (b). 
390 
PUBLIC LAW 86-616-JULY 12, 1960 
[74 STAT. 
" (b) Each officer removed from the active list of the Kegular Army 
under this chapter shall— 
"(1) if on the date of removal he is eligible for voluntary 
retirement under any law, be retired in the grade and with the 
pay for which he would be eligible if retired at his request; or 
"(2) if on that date he is ineligible for voluntary retirement 
under any law, be discharged in the grade then held with sever-
ance pay computed by multiplying his years of active commis-
sioned service, but not more than 12, by one month's basic pay 
of that grade. 
"(c) For the purposes of subsection (b) (2), a part of a year that 
is six months or more is counted as a whole year, and a part of a year 
that is less than six months is disregarded. 
"§ 3797. Officers eligible to serve on boards 
"(a) No officer may serve on a board under this chapter unless he 
is senior in regular grade to, and outranks, any officer considered by 
that board. 
"(b) No person may be a member of more than one board convened 
under this chapter for the same officer." 
(b) The analysis of subtitle B and the analysis of part I I of sub-
title B are each amended by inserting the following new item: 
"360. Separation From Regular Army for Moral or Professional Dereliction or 
in Interests of National Security 
3791". 
SEC. 4. Section 3913 of title 10, United States Code, is amended— 
(1) by amending subsection (a) to read as follows: 
"(a) A deferred officer who is not recommended for promotion 
under section 3303(c) of this title, or an officer who is found disquali-
fied for promotion under section 3302(f) of this title, shall, if he has 
at least 20 years of service computed under section 3927(a) of this 
title, be retired, except as provided by section 47a of title 5, on such 
date as may be requested by him and approved under regulations to 
be prescribed by the Secretary of the Army, but not later than the first 
day of the seventh calendar month after the Secretary approves the 
report of the last board that did not recommend him for promotion 
to the grade concerned."; and 
(2) by amending subsection (b) by striking out the words 
"so entitled to retire" and inserting the words "the date he com-
pletes 20 years of service computed under section 3927(a) of this 
title, or the first day of the seventh calendar month after the 
Secretary approves the report of the last board that did not 
recommend him for promotion to the grade concerned, whichever 
is later" in place thereof. 
Navy. 
SEC. 5. Chapter 673 of title 10, United States Code, is amended—-
(1) by adding the following new sentence at the end of each 
of subsections (a) and (b) of section 6382: "However, if he so 
requests, he may be honorably discharged at any time during that 
fiscal year."; 
(2) by adding the following new sentence at the end of each 
of subsections (d) and (e) of section 6383: "However, if he so 
requests, he may be honorably discharged at any time during that 
fiscal year."; 
(3) by inserting the words "or, in the discretion of the Secre-
tary of the Navy, on any earlier date if the officer so requests" 
after the words "his name is so reported" in section 6384(b); 
(4) by adding the following new sentence at the end of section 
6401(a): "However, if she so requests, she may be honorably dis-
charged at an^ time during that fiscal year."; and 
(5) by addmg the following new sentence at the end of section 
6402(a): "Howeverj if she so requests, she may be honorably 
discharged at any time during that fiscal year." 
74 S T A T . ] 
PUBLIC LAW 86-616-JULY 12, 1960 
391 
SEC. 6. Chapter 835 of title 10, United States Code, is amended— 
(1) by adding the following new sentence at the end of section 
^ir Force. 
8297(d): "Notwithstanding any other p^rovision of law, a board 
that is to recommend officers for promotion whom it considers to 
be the best qualified may recommend only those officers whom it 
also considers to be fully qualified."; 
(2) by amending the last sentence of section 8300(c) to read 
as follows: "However, the number prescribed by the Secretary 
for recommendation must be at least 80 percent of those listed 
for consideration for the first time."; and 
(3) by amending section 8303(d) (3) by striking out the words 
"the date he would have been retired under section 8913 of this 
title if he were eligible" and inserting the words "such date as 
may be requested by him and approved under regulations to be 
prescribed by the Secretary of the Air Force, but not later than 
the first day of the seventh calendar month after the Secretary 
approves the report of that board" in place thereof. 
SEC. 7. (a) Chapter 859 of title 10, United States Code, is amended 
to read as follows: 
•CHAPTER 859.—SEPARATION FROM REGULAR AIR FORCE FOR 
SUBSTANDARD PERFORMANCE OF DUTY 
"Sec. 
"8781. Selection boards: composition; duties. 
"8782. Boards of inquiry: composition; duties. 
"8783. Boards of review : composition ; duties. 
"8784. Removal of oflBicer: action by Secretary of the Air Force upon recom-
mendation. 
"8785. Rights and procedures. 
"8786. OflScer considered for removal: voluntary retirement or honorable dis-
charge ; severance benefits. 
"8787. Officers eligible to serve on boards. 
"§ 8781. Selection boards: composition; duties 
"The Secretary of the Air Force may at any time convene a board of 
officers to revie'vr the record of any commissioned officer on the active 
list of the Regular Air Force to determine whether he shall be re-
quired, because his performance of duty has fallen below standards 
prescribed by the Secretary, to show cause for his retention on the 
active list. 
"§8782. Boards of inquiry: composition; duties 
" (a) Boards of inquiry, each composed of three or more officers, shall 
be convened, at such places as the Secretary of the Air Force may pre-
scribe, to receive evidence and make findings and recommendations 
whether an officer, required to show cause under section 8781 of this 
title, shall be retained on the active list of the Regular Air Force. 
"(b) A fair and impartial hearing before a board of inquiry shall 
be given to each officer so required to show cause for retention. 
"(c) If a board of inquiry determines that the officer has failed 
to establish that he should be retained on the active list, it shall send 
the record of its proceedings to a board of review. 
"(d) If a board of inquiry determines that the officer has established 
that he should be retained on the active list, his case is closed. 
How-
ever, at any time after one year from the date of that determina-
tion, he may be again required to show cause for retention under sec-
tion 8781 of this title. 
"§ 8783. Boards of review: composition; duties 
"(a) Boards of review, each composed of three or more officers, 
shall be convened by the Secretary of the Air Force, at such times 
as he may prescribe, to review the records of cases of officers recom-
mended by boards of inquiry for removal from the active list of the 
Regular Air Force under section 8782 of this title. 
392 
PUBLIC LAW 86-616-JULY 12, 1960 
[74 STAT. 
"(b) If, after reviewing the record of the case, a board of review 
determines that the officer has failed to establish that he should be 
retained on the active list, it shall send its recommendation to the 
Secretary for his action. 
"(c) If, after reviewing the record of the case, a board of review 
determines that the officer has established that he should be retained 
on the active list, his case is closed. However, at any time after one 
year from the date of that determination, he may be again required 
to show cause for retention under section 8781 of this title. 
"§8784. Removal of oflScer: action by Secretary of the Air Force upon recom-
mendation 
"The Secretary of the Air Force may remove an officer from the 
active list of the Kegular Air Force if his removal is recommended 
by a board of review under this chapter. The Secretary's action in 
such a case is final and conclusive. 
"§ 8785. Rights and procedures 
"Each officer under consideration for removal from the active list 
of the Regular Air Force under this chapter shall be— 
"(1) notified in writing, at least 30 days before the hearing 
of his case by a board of inquiry, that he is being required to 
show cause for retention on the active list ; 
"(2) allowed reasonable time, as determined by the board of 
inquiry under regulations of the Secretary of the Air Force, to 
prepare his defense; 
"(3) allowed to appear in person and by counsel at proceed-
ings before a board of inquiry; and 
"(4) allowed full access to, and furnished copies of, records 
relevant to his case at all stages of the proceeding. 
"§ 8786. OflScer considered for removal: voluntary retirement or honorable dis-
charge; severance benefits 
"(a) At any time during proceedings under this chapter and be-
fore the removal of an officer from the active list of the Regular Air 
Force, the Secretary of the Air Force may grant his request— 
"(1) for voluntary retirement, if he is otherwise qualified 
therefor; or 
" (2) for honorable discharge with severance benefits under sub-
section (b). 
"(b) Each officer removed from the active list of the Regular Air 
Force under this chapter shall— 
"(1) if on the date of removal he is eligible for voluntary re-
tirement under any law, be retired in the grade and with the pay 
for which he would be eligible if retired at his request; or 
"(2) if on that date he is ineligible for voluntary retirement 
under any law, be honorably discharged in the grade then held 
with severance pay computed by multiplying his years of active 
commissioned service, but not more than 12, by one month's basic 
pay of that grade. 
"(c) For the purposes of subsection (b) (2), a part of a year that 
is six months or more is counted as a whole year, and a part of a year 
that is less than six months is disregarded. 
"§ 8787. Officers eligible to serve on boards 
"(a) No officer may serve on a board under this chapter unless he 
holds a regular or temporary grade above lieutenant colonel, and is 
senior in regular grade to, and outranks, any officer considered by 
that board. 
"(b) No person may be a member of more than one board convened 
under this chapter for the same officer." 
74 S T A T . ] 
PUBLIC LAW 86-616-JULY 12, 1960 
393 
(b) The analysis of subtitle D and the analysis of part II of sub-
title D are each amended by striking out the following item: 
"859. Separation from Regular Air Force for Failure to Meet Standards__ 8781" 
and inserting the following item in place thereof: 
"859. Separation from Regular Air Force for Substandard Performance 
of Duty 
8781". 
(c) The amendments made by this section do not apply to any pro-
ceedings begun under chapter 859 of title 10, United States Code, be-
fore the enactment of this section. 
SEC. 8. (a) Subtitle D of title 10, United States Code, is amended 
by inserting the following new chapter after chapter 859: 
"CHAPTER 860.—SEPARATION FROM REGULAR AIR FORCE FOR MORAL 
OR PROFESSIONAL DERELICTION OR IN INTERESTS OF NATIONAL 
SECURITY 
"Sec. 
"8791. Selection boards: composition; duties. 
"8792. Boards of inquiry: composition; duties. 
"8793. Boards of review : composition; duties. 
"8794. Removal of officer: action by Secretary of the Air Force upon 
recommendation. 
"8795, Rights and procedures. 
"8796. Officers considered for removal: retirement or discharge. 
"8797. Officers eligible to serve on boards. 
"§8791. Selection boards: composition; duties 
"The Secretary of the Air Force may at any time convene a board 
of general officers to review the record of any commissioned officer 
on the active list of the Regular Air Force to determine whether he 
shall be required, because of moral dereliction, professional dereliction, 
or because his retention is not clearly consistent with the interests of 
national security, to show cause for his retention on the active list. 
"§8792. Boards of inquiry: composition; duties 
"(a) Boards of inquiry, each composed of three or more general 
officers, shall be convened at such places as the Secretary of the Air 
Force may prescribe, to receive evidence and make findings and rec-
ommendations whether an officer, required to show cause under section 
8791 of this title, shall be retained on the active list of the Regular 
Air Force. 
"(b) A fair and impartial hearing before a board of inquiry shall 
be given to each officer so required to show cause for retention. 
"(c) If a board of inquiry determines that the officer has failed 
to establish that he should be retained on the active list, it shall send 
the record of its proceedings to a board of review. 
"(d) If a board of inquiry determines that the officer has established 
that he should be retained on the active list, his case is closed. 
How-
ever, at any future time, he may be again required to show cause for 
retention under section 8791 of this title. 
"§8793. Boards of review: composition; duties 
"(a) Boards of review, each composed of three or more general 
officers, shall be convened by the Secretary of the Air Force, at such 
times as he may prescribe, to review the records of cases of officers 
recommended by boards of inquiry for removal from the active list 
of the Regular Air Force under section 8792 of this title. 
"(b) If, after reviewing the record of the case, a board of review 
determines that the officer has failed to establish that he should be 
retained on the active list, it shall send its recommendation to the 
Secretary for his action. 
394 
PUBLIC LAW 86-616-JULY 12, 1960 
[74 STAT. 
"(c) If, after reviewing the record of the case, a board of review 
determines that the officer has established that he should be retained 
on the active list, his case is closed. 
However, at any future time, he 
may be again required to show cause for retention under section 8791 
of this title. 
"§8794. Removal of officer: action by Secretary of the Air Force upon recom-
mendation 
"The Secretary of the Air Force may remove an officer from the 
active list of the Regular Air Force if his removal is recommended 
by a board of review under this chapter. 
The Secretary's action in 
such a case is final and conclusive. 
"§ 8795. Rights and procedures 
"Each officer under consideration for removal from the active list 
of the Regular Air Force under this chapter shall be— 
"(1) notified in writing of the charges against him, at least 30 
days before the hearing of his case by a board of inquiry, for 
for which he is being required to show cause for retention on the 
active list; 
"(2) allowed reasonable time, as determined by the board of 
inquiry under regulations of the Secretary of the Air Force, to 
prepare his defense; 
"(3) allowed to appear in person and by counsel at proceed-
ings before a board of inquiry; and 
"(4) allowed full access to, and furnished copies of, records 
relevant to his case at all stages of the proceeding, except that a 
board shall withhold any records that the Secretary determines 
should be withheld in the interests of nationar security. 
In any case where any records are withheld under clause (4), the 
officer whose case is under consideration shall, to the extent that the 
national security permits, be furnished a summary of the records so 
withheld. 
"§ 8786. OflScers considered for removal: retirement or discharge 
"(a) At any time during proceedings under this chapter and before 
the removal of an officer from the active list of the Regular Air Force, 
the Secretary of the Air Force may grant his request— 
" (1) for voluntary retirement, if he is otherwise qualified there-
for; or 
"(2) for discharge under subsection (b). 
"(b) Each officer removed from the active list of the Regular Air 
Force under this chapter shall— 
"(1) if on the date of removal he is eligible for voluntary re-
tirement under any law, be retired in the grade and with the pay 
for which he would be eligible if retired at his request; or 
"(2) if on that date he is ineligible for voluntary retirement 
under any law, be discharged in the grade then held with sever-
ance pay computed by multiplying his years of active commis-
sioned service, but not more than 12, by one month's basic pay of 
that grade. 
"(c) For the purposes of subsection (b) (2), a part of a year that 
is six months or more is counted as a whole year, and a part of a year 
that is less than six months is disregarded. 
"§ 8797. Officers eligible to serve on boards 
"(a) No officer may serve on a board under this chapter unless he 
is senior in regular grade to, and outranks, any officer considered by 
that board. 
"(b) No person may be a member of more than one board con-
vened under this chapter for the same officer." 
74 S T A T . ] 
PUBLIC LAW 86-616-JULY 12, 1960 
395 
(b) The analysis of subtitle D and the analysis of part I I of sub-
title D are each amended by inserting the following new item: 
"860. Separation from Regular Air Force for Moral or Professional Dere-
liction or in Interests of National Security 
8791." 
SEC. 9. Section 8913 of title 10, United States Code, is amended— 
(1) by amending subsection (a) to read as follows: 
" (a) A deferred officer who is not recommended for promotion un-
der section 8303(c) of this title, or an officer who is found disquali-
fied for promotion under section 8302(f) of this title, shall, if he has 
at least 20 years of service computed under section 8927(a) of this 
title, be retired, except as provided by section 47a of title 5, on such 
date as may be requested by him and approved under regulations to 
be prescribed by the Secretary of the Air Force, but not later than the 
first day of the seventh calendar month after the Secretary approves 
the report of the last board that did not recommend him for promo-
tion to the grade concerned."; and 
(2) by amending subsection (b) by striking out the words 
"so entitled to retire" and inserting the words "the date he com-
pletes 20 years of service computed under section 8927(a) of this 
title, or the first day of the seventh calendar month after the 
Secretary approves the report of the last board that did not rec-
ommend him for promotion to the grade concerned, whichever is 
later" in place thereof. 
SEC. 10. (a) Not more than once in each fiscal year, the Secretary boards.^^"'"^ °^ 
of the Army and the Secretary of the Air Force may convene one or 
more boards, each consisting of at least five officers of tlie Regular 
Army or the Regular Air Force, as the case may be, in a grade above 
colonel, to review the records of, and recommend for continuation 
on the active list, officers of that component on the active list in the 
regular grade of colonel or lieutenant colonel who have at least 20 
years of service computed under section 3927(a) or 8927(a) of title 
10, United States Code, whichever applies, and who have been con-
sidered more than twice but not recommended for promotion to the 
next higher regular grade. 
(b) A board convened under this section shall recommend officers 
for continuation on the active list in the number specified by the Sec-
retary. The Secretary may specify separate numbers for particular 
categories of officers. 
However, except with respect to the first board 
convened under this section in the Army and in the Air Force, the 
number specified by him for officers in any category must be at least 
80 percent of the officers in that category being considered. 
An offi-
cer may be considered for continuation on the active list under this 
section only once while serving in the regular grade of colonel and 
only once while serving in the regular grade of lieutenant colonel. 
(c) Except as provided by section 1 of the Act of April 23, 1930, 
ch. 209, as amended (5 U.S.C. 4:7a), if the Secretary approves the re- 
46 stat. 253. 
port of a board, he shall, not later than the first day of the seventh 
calendar month beginning after he approves that report, retire each 
officer who is considered but not recommended for continuation. 
(d) A member of the Army or the Air Force who is retired under 
this section is entitled to retired pay computed under formula A of sec-
tion 3991 or 8991, respectively, of title 10. 
(e) This section does not apply to— 
(1) members of the Army Nurse Corps, Army Medical Spe-
cialist Corps, or Women's Army Corps; 
(2) Air Force nurses or medical specialists; or 
(3) female members of the Air Force who are not designated 
under section 8067(a)-(d) or (g)-(i) of title 10. 
(f) This section is not effective after June 30,1965. 
PUBLIC LAW 86-617-JULY 12, 1960 
[74 S T A T . 
SEC. 11. Notwithstanding section 1431 of title 10, United States 
Code, a change or revocation of an election made under that section 
by an officer who is retired under section 10 of this Act is effective if 
made at such a time that it would have been effective had he been 
retired on the earliest date prescribed for an officer of his kind by 
section 3916, 3921, 8916, or 8921 of title 10, as appropriate. 
SEC. 12. Effective as of August 11, 1959, section 3 of the Act of 
1
0 use 5701 note. August 11, 1959, PubHc Law 86-155 (73 Stat. 336), is amended to 
read as follows: 
"SEC. 3. Notwithstanding section 1431 of title 10, United States 
Code, a change or revocation of an election made under that sec-
tion by— 
"(1) an officer who is retired under this Act; or 
"(2) an officer who has been considered but not recommended 
for continuation on the active list under section 1 of this Act and 
who hereafter retires voluntarily before the date specified for 
his retirement under this Act; 
is effective if made at such a time that it would have been effective 
had he been retired on the date prescribed by section 6376, 6377, or 
6379 of title 10, United States Code, as appropriate." 
SEC. 13. An officer who has been considered but not recommended 
for continuation on the active list under section 1 of the Act of August 
10use5701 note. J1^ 1959^ PubHc Law 86-155 (73 Stat. 333), and who retired or retires 
voluntarily before the second day of the month following the month 
in which this Act is enacted, may, within six months following the 
enactment of this Act, affirm a change or revocation of an election 
made under section 1431 of title 10, United States Code, before his 
retirement, if the change or revocation would have been effective 
under section 3 of the Act of August 11, 1959, Public Law 86-155, as 
amended by this Act, but for his voluntary retirement. If an officer 
takes no action under this section, his currently valid election under 
section 1431 of title 10, United States Code, shall remain unchanged. 
The computation of the revised reduction in retired pay in the case 
of an officer who affirms a change of election under this section shall 
be in accordance with section 1436 of title 10, United States Code, and 
according to the conditions that existed on the day the officer became 
eligible for retired pay. 
An affirmation or revocation made under 
this section is effective on the first day of the month in which made. 
No refund may be made and no additional payment may be required 
with respect to any period before that date. 
Approved July 12, 1960. 
Public Law 86-617 
July 12, 1960 
AN A C T 
[S. 3179] 
rp(j increase the authorization for appropriations for construction of facilities for 
the Gorgas Memorial Laboratory. 
Be it enacted hy the Seriate and House of Representatives 
of the 
L^orator^.^""*"^^ United States of America in Congress asserribled^ That section 4 of 
the Act of May 7, 1928, as added by section 2 of the Act of Sep-
22use 278note. ^gj^bcr 21, 1959 (73 Stat. 573), is amended by striking out "$250,000" 
and inserting in lieu tliereof "$500,000". 
Approved July 12, 1960.