An Act to amend titles 10, 32, and 37, United States Code, to remove restrictions on the careers of female officers in the Army, Navy, Air Force, and Marine Corps, and for other purposes.
PL 90-130 (H.R.5894), enacted 11/08/1967

374 
PUBLIC LAW 90-130-NOV. 8, 1967 
[81 STAT. 
November 8, 1967 
[H. R. 5894] 
Armed Forces. 
Women officers. 
74 Stat. 264. 
70A Stat. 17. 
72 Stat. 1440. 
72 Stat. 1444. 
70A Stat. 90. 
Repeal. 
70A Stat. 100. 
72 Stat. 130. 
71 Stat. 375. 
Army Medical 
Specialist 
Corps. 
70A Stat. 169. 
Public Law 90-130 
AN ACT 
To am^nd titles 10, 32, and 87, United States Code, to remove restrictions on 
the careers of female officers in the Army, Navy, Air Force, and Marine Corps, 
and for other purposes. 
Be it enacted hy the Senate mA House of Reprewntathies 
of the 
United States of America in Congress assembled, That title ] 0, United 
States (.'ode, is amended as follows: 
(1) Section 123 (a) is amendrd by striking out "3391,". 
(2) Section 510(c) is amende 1 by striking out "for sen ice in the 
Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps 
Reserve, and Coast Guard Reserve". 
(3) Section .591(c) is amended by striking out "as nurses or medi-
cal specialists". 
(4) Section 1006 (e) is amended by striking out "3847," and "8847,". 
(5) Section 1164 is amended by striking out "male" in subsection 
(a), all of subsection (b), and "or (b)" in subsection (c). 
(6) Chapter 63 is amended by repealing section 1255, striking out 
the corresponding item in the analysis, and by striking out "1255 or" 
in section 1263 (a). 
(7) Section 1405 is amended by striking out "6399(c) (2),". 
(8) Chapter 307 is amended by— 
(A) amending section 3069 to read as follows: 
"§3069. Army Nurse Corps: composition; Chief and assistant 
chief; appointment 
"(a) The Army Nurse Corps consists of the Chief and assistant 
chief of that corps and other officers in grades prescribed by the Secre-
tary of the Army. 
"(b) The Secretary of the Army shall appoint the Chief from the 
officers of the Regular Army in that corps whose regular grade is above 
major and who are recommended by the Surgeon General. The Chief 
serves during the pleasure of the Secretary, but not for more than four 
years, and may not be reappointed. 
"(c) The Surgeon General shall appoint the assistant chief from 
the officers of the Regular Army in that corps whose regular grade is 
above major. The assistant chief serves during the pleasure of the 
Surgeon General, but not for more than four years and may not be 
reappointed to the same position."; 
(B) amending the text of section 3070 to read as follows: 
"(a) The Army Medical Specialist Corps consists of the Chief and 
assistant chiefs of that corps, other officers in grades prescribed by 
the Secretary of the Army, and the following sections— 
" (1) the Dietitian Section; 
" (2) the Physical Therapist Section; and 
" (3) the Occupational Therapist Section. 
"(b) The Secretary of the Army shall appoint the Chief from the 
officers of the Regular Army in that corps whose regular grade is 
above captain and w^ho are recommended by the Surgeon General. The 
Chief serves during the pleasure of the Secretary, but not for more 
than four years, and may not be reappointed. 
"(c) The Surgeon General shall appoint three assistant chiefs from 
officers of the Regular Army in that corps whose regular grade is above 
captain. Each assistant chief is the chief of a section of that corps. An 
assistant chief serves during the pleasure of the Surgeon General, but 
not for more than four years, and may not be reappointed to the same 
position."; 
(C) amending the text of section 3071 to read as follows: 
81 STAT.] 
PUBLIC LAW 90-130-NOV. 8, 1967 
375 
" (a) Tlie Women's Army Corps consists of the Director and Deputy 
women's Army 
Director, other officers in grades prescribed by the Secretary of the 
°'^^^' 
Army, and enlisted members. 
"(b) The Secretary of the Army shall appoint the Director from 
the officers of the Regular Army in that corps whose regular grade 
is above major. The Director is the adviser to the Secretary on Women's 
Army Corps matters and serves during his pleasure, but normally not 
for more than four years. 
"(c) The Secretary of the Army shall appoint the Deputy Director 
from the officers of the Regular Army in that corps whose regular 
grade is above major. She serves during the pleasure of the Secretary, 
but normally not for more than four years, 
"(d) The Secretary of the Army shall designate the positions that 
he finds necessary for the training and administration of the Women's 
Army Corps. He shall fill those positions from officers of that corps 
who are on active duty and whose Regular or Reserve grade is above 
captain. An officer holding such a position serves during the pleasure 
of the Secretary."; and 
(D) amending the item in the analysis relating to section 3069 
to read as follows: 
"3069. Army Nurse Corps: composition ; diief and assistant chief; appointment." 
(9) Chapter 331 is amended by— 
(A) striking out the designation "(a)*' in the first sentence 
of section 3206, and the words "2,,500." and adding the words "such 
^^ stat. 376. 
numbers as may be prescribed by the Secretary.''; 
(B) striking out section 3206(b); 
(C) striking out the designation " ( a ) " in the first sentence of 
section 3207, and the words "350,*' and adding the Avords "such 
numbers as may be prescribed by the Secretary.*'; 
(D) striking out section 3207(b) ; 
(E) striking out the second sentence of section 3209(b) ; 
^OA stat. i74. 
(F) striking out column 2 and footnote 3 of the table in section 
3211 (b) and redesignating column 3 as "Column 2"; 
(G) striking out "3304," in section 3212; and 
7
2 stat. i463. 
(H) striking out the second sentence of sections 3215(a) and 
3215(b); 
70A stat. 176. 
(10) Chapter 335 is amended by— 
(A) striking out "Except for officers of the Army ISTurse Corps 
and the Army Medical Specialist Corps, vacancies" in section 
3298(b) and inserting in place thereof "Vacancies"; 
7i stat. 377. 
(B) amending section 3299 by striking out ", except as pro-
vided in subsections (f) and (g)," in subsection (a), the last 
7OA stat. 186; 
sentence of subsection (c), subsections (f) and (g), and the 7^ 1
4
^
^
*
" j^Jg^ 
last sentence of subsection (h); 
(C) repealing section 3304 and striking out the corresponding 
Repeal. 
item in the analysis; 
^^ ^'^'- ^^^• 
(D) striking out the last sentence of section 3305(a); and 
(E) striking out "other than officers in Army Nurse Corps 
and Army Medical Specialist Corps" in the catchline of section 
3305 and in the corresponding item in the analysis. 
(11) Chapter 337 is amended by— 
(A) striking out subsection (g) in section 3366; 
^4 stat. 268. 
(B) striking out subsection (d) in section 3367; 
(C) striking out the dash and clauses (l)-(3) in section 
3370(a) and inserting in place thereof "colonel,"; 
(D) striking out "field grade in certain cases" in the catchline 
of section 3370 and in the corresponding item in the analysis and 
inserting in place thereof in each case "grade of colonel to fill 
vacancies"; 
376 
PUBLIC LAW 90-130-NOV. 8, 1967 
[81 STAT. 
74 Stat. 270. 
Repeal. 
(E) striking out "in a reserve grade below colonel is one that" 
in the second sentence of section 3383 (b) ; and 
(F) repealing section 3391 and striking out the corresponding 
item m the analysis. 
(12) Chapter 363 is amended by— 
^4^slat*. 272. 
. (A) repealing section 3847 and striking out the corresponding 
item in the analysis; and 
(B) striking out "except as provided in section 3847 of this 
title," and ", and each oiRcer in the reserve grade of major who is 
assigned to the Army Nurse Corps, Army Medical Specialist 
Corps, or the Women's Army Corps, who has been recommended 
for promotion to the reserve grade of lieutenant colonel who is 
not a member of the Retired Reserve, and who has remained in 
an active status since that recommendation," in section 3848(a). 
n^'slat' 379- 
^-^'^^ Chapter 367 is amended by repealing section 3915 and striking 
80 Stat. 85 2. ' 
out the correspoudiu^ item in the analysis. 
(14) Chapter 513 is amended by— 
70A Stat. 287. 
^/^>l striking out the last two sentences of section 5140(a) and 
inserting in place thereof the following: "An oiRcer of the Navy, 
while serving as Director of the Nurse Corps, has the rank of 
captain unless otherwise entitled to a higher rank or grade. An 
appointment as Director does not disturb an officer's permanent 
status as a commissioned officer in the Nurse Corps."; 
(B) amending the second sentence of section 5143(a) to read 
as follows: "While so serving, she has the rank of captain in the 
Navy unless otherwise entitled to a higher rank or grade."; and 
(C) striking out subsections (b), (c), (e), and (f) in section 
5143. 
7
0
A Stat. 293. 
(^5) gectiou 5206 is amended by— 
(A) amending the second sentence of subsection (a) to read 
as follows: "While so serving, she has the rank of colonel unless 
otherwise entitled to a higher rank or grade."; and 
(B) striking out subsections (b), (c), (e), and (f). 
'
^
O
A
^
s
t
a
V 298 
^^^^ Chapter 531 is amended by repealing sections 5410 and 5411 
and striking out the corresponding items in the analysis. 
(17) Cliapter 533 is amended by— 
7/sfat^*38'i^°^' 
(A) striking out subsection (b) in section 5444; 
(B) amending section 5444(c) to read as follows: 
"(c) The Secretary of the Navy, whenever the needs of the service 
require but at least once annually, shall compute the number of rear 
admirals authorized under this section for each corps. The numbers 
so computed are the numbers of officers serving on active duty pre-
scribed for the grade of rear admiral in the corps concerned. However, 
if the Secretary determines at the time of making any computation 
under this section that the number of officers required to meet the 
needs of the service in the grade of rear admiral in any of these corps 
is less than the prescribed number as computed, the lesser number 
becomes the prescribed number for the grade of rear admirals in the 
corps concerned."; 
(C) striking out subsection (c) in section 5449; 
(D) striking out the second sentence of section 5449 (d); 
(E) amending section 5452 to read as follows: 
"§ 5452. Navy: women line officers on active duty; Marine Corps: 
women officers on active duty 
"The Secretary of the Navy shall prescribe the number of women 
officers serving on active duty in the line of the Navy who may hold 
appointments in each grade above lieutenant (junior grade) and the 
number of women officers serving on active duty in the Marine Corps 
who may hold appointments in each grade above first lieutenant."; 
72 Stat. 1491. 
81 STAT.] 
PUBLIC LAW 90-130-NOV. 8, 1967 
377 
(F) repealing section 5453 and striking out the corresponding 
Repeal. 
item in the analysis; 
A stat. 313. 
(G) striking out "or 5453" in section 5455 and inserting in place 
thereof "or 5452"'; and 
(H) amending the item in the analysis relating to section 5452 
to read as follows: 
"."452. Navy: women line officers on active duty; Marine Corps: women officers 
on active duty." 
(18) Chapter 543 is amended by— 
(A) amending clause (1) of section 5702 (a) to read as follows: 
''^^ ^*^*- ^^^• 
"(1) A board for each corps, other than the Medical Service 
Corps, to recommend captains in each corps and commanders in 
the Nurse (^orps for continuation on the active list or to recom-
mend captains in each corps, other than the Medical Service Corps 
and the Nurse Corps, for promotion to the grade of rear admiral, 
each consisting of not less than three or more than nine officers 
serving in the grade of rear admiral or above,"; 
(B) striking out "and the Nurse Corps'- in section 5702(a) (2) ; 
71 stat. 38i. 
(C) striking out "captain'' in section 5702(a) (2) and inserting 
in place thereof "commander"; 
(D) striking out "and a board for the Nurse Corps to recom-
mend captains and commanders for continuation on the active list, 
each" in section 5702(a) (3); 
(VJ) striking out clauses (5) and (6) in section 5702(a); 
(F) amending the first sentence of section 5702(b) to read as 
follows: "Each board convened under this section to consider 
officers in the Medical Corps, the Supply Corps, the Chaplain 
Corps, the Civil Engineer Corps, the Dental Corps, or the Nurse 
Corps shall consist of officers in the corps concerned, and each 
board convened under this section to consider officers in the Medical 
Service Corps shall consist of officers in the corps indicated in 
subsection (a)."; 
(G) adding the following at the end of section 5702(c) : "How- 
70A stat. 337. 
ever, in the case of boards considering officers in the Nurse Corps, 
the Secretary may complete the minimum required membership by 
appointing as members of the board officers on the active list of the 
Navy in the Medical Corps serving in the prescribed grades.''; 
(H) striking out the last sentence in section 5702(e); 
7i stat. 382. 
(I) amending the first sentence of section 5704(a) to read as 
"^^^ ^*^'- ^39. 
follows: "At least once each year and at such time as he directs, 
the Secretary of the Navy shall convene selection boards to rec-
ommend women officers in the line of the Navy for promotion to 
the grades of captain, commander, lieutenant commander, and 
lieutenant."; 
(J) amending the first sentence of section 5704(b) to read as 
follows: "The Secretary shall convene selection boards, for each 
staff corps in which there are women officers appointed under 
section 5590 in this title, to recommend women officers for pro- 
^OA stat. 327. 
motion to the grades of captain, commander, lieutenant com-
mander, and lieutenant."; 
(K) amending the first sentence of section 5704(c) to read as 
follows: "At least once each year and at such times as he directs, 
the Secretary phall convene selection boards to recommend women 
officers in the Marine Corps for promotion to the grades of colonel, 
lieutenant colonel, major, and captain."; 
(L) inserting "captain (Navy)," before "commander" and 
"colonel," before "lieutenant colonel" in section 5707(a) (4); and 7/sfat^'382^^^' 
(M) striking out clause (1) in section 5711(c). 
7OA stat. 345. 
10 u s e 5701 
5711. 
378 
PUBLIC LAW 90-130-NOV. 8, 1967 
[81 STAT. 
(ID) Chapter 545 is {uneiuled by— 
70A Stat. 347. 
(^ j^>^ strikiiig oiit "Keguljir' in the eatchline of section 5752 and 
in the corresponding item of the analysis; 
(B) striking out "on tlie acti\e list" wherever those words 
appear in section 5752(a) ; 
(C) renumbering clauses (1), (2), and (3) in section 5752(a) 
S
I
S clauses "(2)"", "('^)"? '^^^t^ "(4)", respectively, and inserting the 
following new clause: 
'' (1) Four years in the grade of commander in the Xavy or lieu-
tenant colonel in the Marine Corps.": 
(1)) amending section 5753 by striking out "subsections (b) 
and (c)" in subsection (a) and inserting in place thereof "sub-
section (b)'' and by striking out subsection (c) ; 
7
0
A Stat. 350. 
^j,^^ amending the first sentence of section 5760(a) to read as 
follows: "The Secretary of the Navy shall furnish the appropriate 
selection board convened under chapter 543 of this title with, the 
number of women officers in the line of the Navy that may be 
recommended for promotion to the grade of captain, commander, 
or lieutenant commander or the number of women officers of the 
Marine Corps that may be recommended for promotion to the 
grade of colonel, lieutenant colonel, or major.''; 
(F) striking out "on the active list" wherever those words 
appear in section 5760(b) ; 
(G) striking out "or the Medical Service Corps" in section 
yi^stlt^'ss's^^^' 
'^^^^^ ^'^) '^^^^ inserting in place thereof "the Medical Service Corps, 
or the Nurse (^orps"; 
(H) striking out subsection (e) in section 5762; 
7
0
A Stat. 352. 
^I) amending the first two sentences of section 5763 to read 
as follows: "The Secretary of the Navy shall furnish the appro-
l)riate selection board convened under chapter 543 of this title 
with the number of women officers of the Navy in a staff corps, 
other than officers of the Nurse Corps and women officers appointed 
under section 5574, 5578, 5579, or 5581 of this title, that may be 
recommended for promotion to the grade of captain, commander, 
or lieutenant commander. This number is the product of— 
"(1) the number of such women staff corps officers in the 
promotion zone for the grade and corps concerned; and 
"(2) a fraction, of which the numerator is the number of 
women line officers who are placed on the promotion list 
pursuant to the report of the comparable board for the selec-
tion of women line officers convened in the same fiscal year, 
and the denominator is the number of women line officers in 
the promotion zone considered by that board."; 
(J) amending the catchlines of sections 5764 and 5765 and the 
corresponding items in the analysis by striking out in each case 
"male"; 
(K) adding the following new subsection in section 5764: 
"(d) The Secretary shall establish a promotion zone in each grade 
for women officers in the line of the Navy in the manner prescribed 
in this section for the establishment of promotion zones for male 
line officers."; 
75^stLt^*266^^^' 
(L) adding the following new subsection in section 5765: 
"(d) The Secretary shall establish a promotion zone in each grade 
for women officers of the Marine Corps in the manner prescribed in 
this section for the establishment of promotion zones for male officers."; 
7
0
A Stat. 355. 
Q^^ amending section 5766(a) by striking out ", other than 
women officers appointed under section 5590 of this title," and 
inserting before the period at the end "or for women line officers, 
as the case may be"; 
(N) adding the folloAving new subsection in section 5767: 
70A Stat. 321. 
70A Stat. 353. 
81 STAT.] 
PUBLIC LAW 90-130-NOV. 8, 1967 
379 
"(c) Whenever the Secretary determines that there is a position of 
sufficient importance and responsibility to require an incumbent in 
the grade of rear admiral or brigadier general, and that there is a 
woman officer of the Navy or the Marine Corps who is best qualified 
to perform the duties of the position, he may designate that woman 
officer to hold that position. A woman officer so designated may be 
appointed by the President, by and with the advice and consent of the 
Senate, to the grade of rear admiral or brigadier general. Such an 
appointment is effective on the date the officer reports for the desig-
nated duty and terminates on the date she is detached."; 
(O) striking out "Regular"' in the catchline of section 5771 and 
"^^^ ^*^*- ^^^• 
in the corresponding item of the analysis; 
(P) amending section 5771 by striking out "on the active list" 
wherever those words appear in subsections (a) and (c) and 
amending subsection (b) to read as follows: 
"(b) Women officers in the line of the Xavy and women officers 
of the Marine Corps who are on a promotion list for any grade above 
lieutenant (junior grade) in the XaA'y or first lieutenant in the Marine 
Corps are, in the order in which their names appear, eligible for 
promotion to the grade concerned as vacancies occur in that grade."'; 
(Q) striking out ", other than women officers appointed under 
section 5590 of this title,"" in section 5773(a) ; 
''^^ ^*^*- ^^^• 
(R) striking out "Except as provided in subsection (c), each"' 
in section 5773(b) and inserting in place thereof "Each"'; 
(S) striking out subsection (c) in section 5773; 
(T) repealing section 5774 and striking out the corresponding 
Repeal. 
item in the analysis; 
(LT) striking out "a male'' wherever those words appear in 
section 5776 (a) and inserting in place thereof "an"; 
"^^^ ^'^'- ^^^• 
(V) striking out "subject to subsections (d) and (e), an" in 
section 5776(c) and inserting in place thereof "An"; 
(W) striking out subsections (d) and (e) in section 5776; 
(X) striking out "appointed under section 5590" in section 
5778 and inserting in place thereof "selected by boards convened 
under section 5704"; 
(Y) striking out subsection (d) in section 5782; and 
^^ stat. 383, 
(Z) striking out clause (1) in section 5786(a). 
7OA stat. 366. 
(20) Chapter 549 is amended by— 
(A) adding the folloAving new subsection in section 5891: 
^^ ^*^'' ^'*^^" 
"(g) For the purpose of this section, a woman officer who is 
eligible for consideration for promotion by a selection board con-
vened under chapter 543 of this title shall be considered to be on ^
^
i
^
o
^ use 5701-
a lineal list."; 
(B) striking out "commander or lieutenant commander" and 
"lieutenant colonel or major" in section 5896(a) (7) and inserting 
^^ stat. 1501. 
in place thereof "captain, commander, or lieutenant commander" 
"colonel, lieutenant colonel, or major", respectively; 
(C) amending subsection (c) and (d) of section 5899 to read 
as follows: 
"(c) A woman officer of the Naval Reserve, other than an officer 
in the Nurse Corps or an officer appointed under section 5581 of this 
title, is in the promotion zone and is eligible for consideration for 
^°^ ^'^'- ^'^^• 
promotion to the next higher grade by a selection board convened 
under this chapter when any woman officer of the Naval Reserve who 
is junior to her is in or above the promotion zone established for her 
grade under section 5764 of this title or when her running mate is in 
^"'^' P- ^^^• 
or above that zone. 
"(d) A woman officer of the Marine Corps Reserve is in the promo-
tion zone and is eligible for consideration for promotion to the next 
380 
PUBLIC LAW 90-130-NOV. 8, 1967 
[81 STAT. 
higher grade by a selection board coiueiied under this chapter when 
any woman officer of the Marine Corps Reserve who is junior to her 
is in or above the promotion zone estabUslied for lier grade under 
Ante, p. 378. 
sectiou 5765 of this title or when her running mate is in or above that 
zone.'*; and 
^
_ Failure o
f seiec 
^ ^ amending the text of section 5903 to read as follows: 
72 Stat. 1505. 
"(a) Au officer of the Naval Reserve or the Marine Corps Reserve 
is considered as having failed of selection for promotion if— 
" (1) he is in a promotion zone established under this chapter; 
"(2) his name is furnished to the appropriate selection board; 
and 
"(3) he is not selected for promotion. 
"(b) An officer of the Naval Reserve or the Marine Corps Reserve 
whose name is withheld by the Secretary of the Navy, under section 
7
2 Stat. 1504. 
5899 (g) of this title, from consideration by two selection boards for 
promotion to the same higher grade is considered as having tw^ice 
failed of selection for promotion to that grade." 
7
0
A Stat. 371. 
^£1) Sectiou 5945 is amended by strikmg out the second sentence. 
^^P^^^* 
(22) Chapter 555 is amended by repealing section 6030 and striking 
out the corresponding item in the analysis. 
(23) Chapter 571 is amended by— 
7
0
A Stat. 394. 
(^^) amending section 6324 to read as follows: 
"§ 6324. Officers: creditable service 
"For the purpose of this chapter, service as a nurse in the armed 
forces before April 16, 1947, is considered as commissioned service."; 
and 
(B) amending the item in the analysis relating to section 6324 
to read as follows: 
"6324. Officers: creditable service." 
(24) (chapter 573 is amended by— 
7
0
A Stat. 402. 
^/^^ amending section 6376 by inserting " ( a ) " at the begin-
ning and adding the following new subsection: 
"(b) This section does not apply to women officers appointed under 
section 5590 of this title."; 
71 Stat. 384. 
^ j ^ ^ amending the catchline of section 6377 and the correspond-
ing item in the analysis by striking out in each case "or for age"; 
(C) amending section 6377 by striking out "except the Nurse 
Corps" in subsection (b), striking out subsection (c), and amend-
ing subsection (d) to read as follows: 
"(d) If not on a promotion list and if not continued on the active 
7
0
A Stat. 403. 
jjg^ uiider section 6378 of this title, each officer serving in the grade of 
commander on the active list of the Navy in the Nurse Corps shall be 
retired on June 30 of the fiscal year in which the officer is considered as 
having twice failed of selection for promotion to the grade of captain 
and has completed at least twenty-six years of active commissioned 
7
0
A Stat. 409. 
servicc as computed under section 6388 of this title."; 
(D) inserting "women officers appointed under section 5590 of 
71 Stat. 384. 
^j^-g ^^-^j^ ^j.„ -^^ gg^tion 6379 (b) after "apply to"; 
^mTzks!^' 
(E) amending section 6396 to read as follows: 
"§6396. Regular Navy; officers in Nurse Corps in grades below 
commander: retirement or discharge 
" (a) An officer on the active list of the Navy serving in the grade of 
lieutenant commander in the Nurse Corps shall, subject to the provi-
sions of section 5777 of this title, be retired on June 30 of the fiscal year 
in which the officer 
" (1) is not on a promotion list; 
" (2) is considered as having twice failed of selection for promo-
tion to the grade of commander; and 
70A Stat. 361. 
81 STAT.] 
PUBLIC LAW 90-130-NOV. 8, 1967 
381 
" (3) has completed at least twenty years of active commissioned 
service as computed under section 6388 of this title. 
^°^ ^'^'' •*°^-
" (b) An officer retired under this section shall be retired— 
"(1) in the highest grade satisfactorily held by her on active 
duty as determined by the Secretary, but not lower than her 
permanent grade; and 
"(2) with retired pay at the rate of 21/2 per centum of the basic 
pay of the grade in which retired multiplied by the number of 
years of service that may be credited to her under section 1405 of 
this title, but the retired pay may not be more than 75 per centum 
^^ ^'^*- ^^°-
or less than 50 per centum of the basic pay upon which the com-
putation of retired pay is based. 
" (c) An officer on the active list of the Navy serving in the grade 
of lieutenant in the Nurse Corps shall be honorably discharged on 
June 30 of the fiscal year in which the officer 
" (1) is not on a promotion list; and 
" (2) has completed thirteen years of active commissioned serv-
ice as computed under section 6388 of this title. 
However, if she so requests she may be honorably discharged at any 
time during that fiscal year. 
"(d) An officer on the active list of the Navy serving in the grade 
of lieutenant (junior grade) in the Nurse Corps shall be honorably 
discharged on June 30 of the fiscal year in which the officer— 
" (1) is not on a promotion list; and 
"(2) has completed seven years of active commissioned serv-
ice as computed under section 6388 of this title. 
However, if she so requests, she may be honorably discharged at any 
time during that fiscal year. 
"(e) Each officer discharged under this section is entitled to a 
lump-sum payment equal to two months' basic pay at the time of 
discharge multiplied by the number of years of active commissioned 
service as computed under section 6388 of this title, but the payment 
may not be more than two years" basic pay or more than $15,000."; 
(F) amending section 6398 to read as follows: 
7OA stat. 413. 
"§ 6398. Regular Navy; women captains and commanders; Regu-
lar Marine Corps, women colonels and 
lieutenant 
colonels: retirement for length of service; retired grade 
and pay 
"(a) Each woman officer on the active list of the Navy, appointed 
under section 5590 of this title, who holds a permanent appointment 
'^^^ ^'^*- ^^'^' 
in the grade of captain and each woman officer on the active list of 
the Marine Corps who holds a permanent appointment in the grade 
of colonel shall be retired by the President on the first day of the 
month following the month in which she completes thirty years of 
active commissioned service in the Navy or the Marine Corps. 
"(b) Each woman officer on the active list of the Navy, appointed 
under section 5590 of this title, who holds a permanent appointment in 
the grade of commander and is not on a promotion list for a higher 
perrnanent grade and each woman officer on the active list of the 
Marine Corps who holds a permanent appointment in the grade of 
lieutenant colonel and is not on a promotion list for a higher per-
manent grade shall be retired by the President on the first day of the 
month following the month in which she completes twenty-six years 
of active commissioned service in the Navy or the Marine Corps. 
"(c) Each officer retired under this section— 
" (1) unless otherwise entitled to a higher grade shall be retired 
in the permanent grade held by her at the time of retirement; and 
"(2) is entitled to retired pay at the rate of 2i/^ per centum of 
71 Stat. 386. 
70A Stat. 499. 
382 
PUBLIC LAW 90-130-NOV. 8, 1967 
[81 STAT. 
the basic pay of the grade in which retired multiplied by the num-
ber of years of service that may be credited to her under section 
7
2 Stat. 130. 
1405 of this title, but the retired pay may not be more than 75 per 
centum or less than 50 per centum of the basic pay upon which 
the computation of retired pay is based."; 
Repeal. 
(Q-) repealing section 6399 and striking out the corresponding 
70A Stat. 414. 
item lu the aualysls; and 
(H) amending the items in the analysis relating to sections 
6396 and 6398 to read as follows: 
"6396. Regular Navy; officers in Nurse Corps in grades below commander: 
retirement or discharge. 
« 
« 
4c 
« 
* 
4' 
* 
"6398. Regular Navy; women captains and commanders; Regular Marine Corps; 
women colonels and lieutenant colonels: retirement for length of serv-
ice; retired grade and pay." 
^o^A^^tat 495 
^^^^ Chapter 807 is amended by repealing section 8071 and striking 
out the corresponding item in the analysis. 
(26) Chapter 831 IS amended by— 
(A) striking out subsection (b) in section 8206; 
(B) striking out subsection (b) in section 8207; 
(C) striking out all of section 8208 after the first sentence; 
(D) striking out "Except for Air Force nurses and medical 
specialists, the" in section 8209 and inserting in place thereof 
"The"; 
(E) striking out all of section 8215 after the first sentence; and 
(F) amending the catchline for section 8215 and the corre-
sponding item in the analysis by striking out in each case "; female 
enlisted members on active duty". 
(27) Chapter 835 is amended by— 
(A) amending section 8299 by striking out", except as provided 
72 Stat'. 1565. 
iH subsectiou (f) or (g)," wherever those words appear in sub-
section (a) and striking out the last sentence of subsection (c), 
subsections (f) and (g), and the last sentence of subsection ( h ) ; 
(B) striking out subsection (d) in section 8300; 
(C) striking out subsection (b) in section 8301; 
(D) striking out subsection (f) in section 8303; and 
(E) striking out subsections (g) and (h) in section 8305. 
(28) Chapter 837 is amended by— 
74 Stat. 276. 
(y^) Striking out subsection (f) in section 8366; 
(B) inserting a period after "major" in clause (2) of section 
8368(a) and striking out the remainder of that clause; and 
^2^^^l\' 1526 
(C) repealing section 8370 and striking out the corresponding 
item in the analysis. 
(29) Chapter 841 is amended by— 
7
0
A Stat. 526. 
(^\^) Striking out subsection (b) in section 8504; 
(B) amending the catchline of section 8504 and the correspond-
ing item in the analysis by striking out in each case ": limitations; 
grade". 
^o^A^stat. 531. 
(^^^) Chapter 845 is amended by repealing section 8580 and striking 
out the corresponding item in the analysis. 
(31) Chapter 863 is amended by— 
74^tat! 279. 
U^) repealing section 8847 and striking out the corresponding 
item in the analysis; and 
(B) striking out ", except an officer covered by section 8847 
of this title," in section 8848(a), 
(32) Chapter 867 is amended by— 
7i°^J^^3ig^°' 
(-^) amending section 8915 to read as follows: 
70A Stat. 511 
71 Stat. 387; 
71 Stat. 388. 
72 Stat. 1540. 
70A Stat. 550. 
81 STAT.] 
PUBLIC LAW 90-130-NOV. 8, 1967 
383 
"§8915. Twenty-eight years: deferred retirement of nurses and 
medical specialists in regular grade of major 
"The Secretary of the Air Force may defer the retirement of any 
Air Force nurse or medical specialist in the regular grade of major 
until the thirtieth day after the officer completes twenty-eight years 
of service computed under section 8927(a) of this title."'; 
(B) amending section 8916(b) to read as follows: 
" (b) The Secretary of the Aii' Force may defer the retirement under 
this section of any promotion list officer in the regular grade of lieu-
tenant colonel who is a medical, dental, veterinary, or medical service 
officer, a medical specialist, or a chaplain, but not later than the date 
on wliich he becomes sixty years of age."; and 
(C) amending the item in the analysis relating to section 8915 
to read as follows: 
'•K!)l.">. Twenty-eight years : deferred retirement of nurses and medical specialists 
in regiUar grade of major." 
SEC. 2. Title 82, United States Code, is amended as follows: 
(1) Section 305 is amended by— 
^ 
_ 
yJltt'Ts^?^' 
(A) striking out "Except as provided in subsection (b), only 
male persons selected from the" and inserting in place thereof 
"The" in subsection (a); 
(B) striking out the first sentence of subsection (b); and 
(C) striking out "However, to" and "woman" in the second 
sentence of subsection (b) and inserting in place thereof "To" 
and "person", respectively. 
(2) Section 313(b) is amended by inserting "and" after the semi- 
'^^ stato 1544. 
colon in clause (^1), striking out "; and" at the end of clause (2') and 
inserting a period in place thereof, and striking out clause (3). 
SEC. 3. Title 37, United States Code, is amended as follows: 
(1) Section 202 is amended by adding the following new subsection 
^^ ^*^'* '*^'*' 
at the end thereof: 
" (k) While serving under an appointment under section 5767(c) of 
title 10, a woman officer of the Navy is entitled to the pay of a rear 
^"'^' ^' ^^^" 
admiral of the lower half." 
(2) Section 904 is amended— 
(A) by striking out "5774" in subsections (a), (b), and (d) and 
inserting "5773" in place thereof; 
(B) by amending clauses (5) and (10) of subsection (a) to 
read as follow^s: 
" (5) women line officers of the Navy; 
UH: 
:): 
^ 
^ 
:): 
^ 
:{: 
76 Stat. 487. 
" (10) women officers of the Marine Corps;' 
(C) by striking out subsections (c) and (e) ; and 
(D) by striking out "Except as provided by subsection (e) of 
tliis section, a" in subsection (d) and inserting in place thereof 
"A". 
SEC. 4. (a) For five years following the effective date of this Act, 
suspension o
f 
1 
r^ 
n 
-I 
A 
T 1 
- 
n 
• • 
c e r t a i n p r o -
the Secretary or the Araiy may suspend the operation of any provision visions. 
of law pertaining to the mandatory retirement, discharge, separation, 
or transfer from an active status of an officer of the Army Nurse Corps, 
Army Medical Specialist Corps, or Women's Army Corps. 
(b) The amendments made by this Act to section 6396 of title 10, 
United States Code, do not become efi'ective with respect to officers of 
^"^^' ^' ^^°' 
the Regular Navy in the Nurse Corps serving in the grade of lieutenant 
commander until June 30 of the second fiscal year following the fiscal 
year in wdiich this Act is approved. 
(c) Notwithstanding section 6396 of title 10, United States Code, 
as amended by this Act, an officer of the Regular Navy in the Nurse 
85-622 0-68—27 
384 
PUBLIC LAW 90-131-NOV. 8, 1967 
[81 STAT. 
Ante, p. 380. 
70A Stat. 413; 
71 Stat. 385. 
70A Stat. 494. 
Retirement 
deferment. 
70A Stat. 172. 
Corps who is serving in the grade of lieutenant (junior grade) on 
the effective date of this Act may not be discharged under that section 
until June 30 of the second fiscal year following the fiscal year in 
which this Act is approved. 
(d) Notwithstanding any other provision of law, an officer of the 
Regular Navy in the Nurse Corps who is serving in the grade of 
lieutenant on the effective date of this Act and who on that date has 
completed more than thirteen years of active commissioned service 
may not be involuntarily discharged under section 6396 of title 10, 
United States Code, as amended by this Act but shall, unless sooner 
selected for promotion to the grade of lieutenant commander, be 
retired on June 30 of the fiscal year in which she completes at least 
twenty years of active commissioned service. Each officer retired 
under this subsection shall be retired with the retired grade and pay 
prescribed in section 6396(c) of title 10, United States Code, as it 
existed before the enactment of this Act. 
(e) For five years following the effective date of this Act, the 
Secretary of the Air Force may suspend the operation of any provision 
of law pertaining to the mandatory retirement, discharge, separation, 
or transfer from an active status of an Air Force female officer, 
except an officer designated under section 8067, title 10, United States 
Code, to perform professional functions other than as an Air Force 
nurse or as an Air Force medical specialist. 
(f) Until July 1, 1972, when the needs of the service require, the 
Secretary of the Army, the Secretary of the Navy, or the Secretary of 
the Air Force may convene annually boards of officers to consider 
officers of the Army Nurse Corps, officers of the Navy Nurse Corps, or 
Air Force nurses, respectively, who otherwise would be required to be 
retired or separated under this Act within the calendar or fiscal year 
in which the board is convened. Upon the recommendation of such a 
board, the Secretary concerned may defer the separation or retirement 
of such an officer for a term of not more than five years, unless recom-
mended for further deferment by a subsequent board of officers, and 
in any case not beyond the month following her attaining age sixty 
or July 1, 1976, whichever may be earlier. Officers whose separation 
or retirement is so deferred shall be additional to the numbers of officers 
authorized by sections 3202,3211,8202, and 8211, title 10, United States 
Code. 
Approved November 8, 1967. 
November 8, 1967 
[H. R. 12474] 
Public Law 90-131 
AN ACT 
Making appropriations for the National Aeronautics and Space Administration for 
the fiscal year ending June 30,1968, and for other purposes. 
National Aero-
nautics and 
Space Adminis-
tration Appro-
priation Act, 
1968. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the following 
sums ar^ appropriated, out of any money in the Treasury not other-
wise appropriated, for the National Aeronautics and Space Adminis-
tration for the fiscal year ending June 30,1968, and for other purposes, 
namely: