A bill to amend title 10, United States Code, to provide that commissioned officers of the Army in regular grades below major may be involuntarily discharged whenever there is a reduction in force.
PL 93-558 (S.3191), enacted 12/30/1974

88 STAT. ] 
PUBLIC LAW 93-558-DEC. 30, 1974 
1793 
November 11,1918; December 7, 1941, to December 31, 1946; June 25, 
1950, to January 31,1955; August 5,1964, to August 15,1973; all dates 
inclusive, or who, being a citizen of the United States at the time of 
entry therein, served in the military or naval service of any of the 
governments associated with the United States during said wars or 
hostilities: Provided^ however^ That such person shall have an honor-
able discharge or separation from such service or continues to serve 
honorably after any of the aforesaid terminal dates.". 
Approved December 27, 1974. 
Public Law 93-558 
AN ACT 
To amend title 10, United States Code, to provide that commissioned officers of 
the Army in regular grades below major may be involuntarily discharged 
whenever there is a reduction in force. 
December30, 1974 
[S.3191] 
Be it enacted hy the Senate and House of Rejrresentatives 
of the 
United States of America in Congress assembled^ That chapter 361 of 
title 10, United States Code, is amended by inserting the following new 
section after section 3814, and inserting a corresponding new item in 
the chapter analysis: 
*'§ S814a. Regular commissioned officers; second lieutenants, first 
lieutenants, and captains; discharge during a reduc-
tion in force 
"(a) Lender regulations prescribed by the Secretary of the Army, 
whenever he determines that a reduction in the active duty officer per-
sonnel strength of the Army is required, he is authorized to remove 
from the active list of the Regular Army any commissioned officer 
below the grade of major, if such officer is recommended for removal 
from the active list by a board of officers appointed by the Secretary 
of the Army, or his designee, for the purpose of recommending the 
removal of officers from the active list. 
"(b) Any officer selected for removal from the active list of the 
Regular Army under subsection (a) shall— 
"(1) if he is eligible, and so requests, be retired under section 
3911 of this title on the date requested by him and approved by 
the Secretary, but not later than ninety days after such officer 
receives notification that he is to be removed from the active list 
of the Regular Army; 
"(2) if he is not eligible for retirement under section 3911 of 
this title, but is eligible for retirement under any other provision 
of law, be retired under that law on the date requested by him 
and approved by the Secretary, but not later than ninety days 
after the date such officer receives notification that he is to be 
removed from the active list of the Regular Army; or 
"(3) if he is not eligible for retirement under section 3911 
of this title or any other provision of law, or does not request 
retirement under section 3911 of this title or under any other pro-
vision of law if he is eligible, be honorably discharged on the 
date requested by him and approved by the Secretary, but not 
later than ninety days after the date such officer receives notifica-
tion that he is to be removed from the active list of the Regular 
Army, and be granted a readjustment payment as provided in 
subsection (c) of this section. 
Armed Forces. 
Certain com-
missioned offi-
cers, involuntary 
discharge. 
10 u s e 3814a. 
1 0 u s e 3911. 
1794 
PUBLIC LAW 93-558-DEC. 30, 1974 
[88 STAT. 
Readjustment 
pay. 
Limitation. 
Twenty-year 
service retirement 
pay, deduction. 
14 u s e 1 et 
seq. 
Nonapplicabil-
ity. 
10 
3791 
10 
use 
use 
3781, 
3814. 
Effective date. 
10 u s e 3814a 
note. 
"(c)(1) Any officer discharged under subsection (b)(3) and who 
has completed, immediately before his discharge, at least five years of 
continuous active duty is entitled to a readjustment payment com-
puted by multiplying his years of active service, but not more than 
eighteen, by two months' basic pay of the grade in which he is serving 
on the date of his discharge. Such an officer may not be paid more 
than two years' basic pay of the grade in which he is serving at the 
time of his discharge or $15,000, whichever amount is the lesser. 
"(2) For the purpose of computing the amount of a readjustment 
payment under subsection (b) (3), 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. 
"(d) If any officer who received a readjustment payment under 
this section qualifies for retired pay under any provision of this title 
or title 14 that authorizes his retirement upon completion of twenty 
years of active service, an amount equal to 75 per centum of that 
payment, without interest, shall be deducted immediately from his 
retired pay, 
"(e) This section does not apply to any officer who is required to 
be discharged or retired for failure of promotion to the grade of first 
lieutenant, captain, or major under section 3298 or 3303, as appro-
priate, or who is found to be disqualified for promotion under section 
3302 of this title. 
"(f) When, under regulations prescribed by the Secretary, any 
officer has been recommended for removal from the active list of the 
Regular Army under chapter 359 or 360 of this title, and that recom-
mendation has been received by headquarters. Department of the 
Army, or when, under regulations prescribed by the Secretary, any 
officer has been selected by headquarters, Department of the Army, 
for discharge under section 3814 of this title, such officer may not be 
considered for removal from the active list under this section. How-
ever, any action by any headquarters subordinate to headquarters, 
Department of the Army, with respect to proceedings for the consider-
ation of any officer for discharge under chapter 359 or 360 or section 
3814 of this title shall not prevent consideration for removal of such 
officer from the active list under this section. Further, the removal of 
any officer from the active list under this section is not prevented if 
such officer was previously considered for discharge under chapter 359 
or 360 of this title and was recommended for retention under such 
provision of law or if such officer was recommended for discharge 
under section 3814 but was not discharged under authority of such 
section. 
"(g) Under regulations prescribed by the Secretary, any regular 
officer who is within two years of becoming eligible for retired pay 
may not be involuntarily discharged under this section before he 
becomes eligible for that pay, unless his discharge is approved by the 
Secretary.". 
SEC. 2. This Act is effective on the date of enactment and expires 
three years after that date. 
Approved December 30, 1974.