Pub. L. 83-773, tit. VII, sec. 702

Sec. 702. (a) Effective on the date of enactment of this Act, all laws limiting the number of officers in flag or general officer grades in the Naval Reserve and Marine Corps Reserve, who may serve on active duty, are repealed. (b) The eighth paragraph of section 127a of the National Defense Act, as amended, is further amended to read as follows: “Unless special assignment is made by the President under the provisions of the Act of June 4, 1920 (41 Stat. 811), as amended by the Act of August 7, 1947 (61 Stat. 913), and by the Act of May 5, 1950 (10 U. S. C. 1591), all officers of the Army and Air Force serving in the active military service of the United States in any grade shall take rank according to the date which, in the case of an officer of the Regular Army or the Regular Air Force is that stated in his commission or letter of appointment, and, in the case of a Reserve officer, shall precede that on which he enters the active military service of the United States by a period equal to the total of— (1) one year for each year of satisfactory Federal service as defined in section 302 (b) of the Army and Air Force Vitalization and Retirement Equalization Act of 1948 (62 Stat. 1087) which 68 Stat. 1189 is earned by the officer concerned while holding that grade or any higher grade subsequent to the effective date of the Reserve Officer Personnel Act of 1954; (2) the total length of active, Federal service, or active duty or active duty for training as defined by section 101 of the Armed Forces Reserve Act of 1952 (66 Stat. 481), which he may have performed in that grade or any higher grade, including the total length of duty performed by him in that grade or any higher grade under the provisions of sections 92, 94, 97, and 99 of this Act, at any time except during a year of satisfactory Federal service counted under clause (1) of this paragraph; and (3) one day for each point credited under section 302 (b) (2) of the Army and Air Force Vitalization and Retirement Equalization Act of 1948 (62 Stat. 1087) while holding that grade or any higher grade at any time subsequent to the effective date of the Reserve Officer Personnel Act of 1954 except during a year of satisfactory Federal service counted under clause (1) of this paragraph. When dates of rank as established herein are the same, precedence shall be determined by length of active Federal commissioned service in the Army or in the Air Force, as appropriate, which shall include all time served on active duty or active duty for training as defined by Section 101 of the Armed Forces Reserve Act of 1952 as a commissioned officer in the Federal service, service performed under the provisions of Sections 92, 94, 97, and 99 of this Act together with the total number of days credited such officer in any commissioned grade for points earned in the manner prescribed above. When length of such service is the same, officers of the Regular Army or Regular Air Force, as appropriate, shall take rank among themselves according to their places on the promotion list, preceding Reserve officers of the same date of rank and length of service who shall rank among themselves according to age.” (c) Subsection 257 (e) of the Armed Forces Reserve Act of 1952 (66 Stat. 497–8) is amended by inserting before the period at the end thereof the words “including a review of the effectiveness of the Reserve Officer Personnel Act of 1954.” (d) Section 216 of the Armed Forces Reserve Act of 1952 (66 Stat. 486), is hereby repealed. (e) Section 708 of the Armed Forces Reserve Act of 1952 is amended by adding at the end thereof the following: “Warrant officers and enlisted members of the National Guard of the United States and the Air National Guard of the United States holding appointments as Reserve commissioned officers pursuant to this section shall not be deemed to be in an active status as commissioned officers unless ordered to active duty or active duty for training by competent authority in their commissioned officer status and until so ordered by competent authority, unless discharged from their enlisted or warrant officer status, shall be deemed for all purposes to be serving in such warrant officer or enlisted status.” (f) The President is authorized to appoint to the grade of Rear Admiral in the Retired Reserve any Reserve officer holding an appointment in the Retired Reserve in the grade of Commodore.