Pub. L. 85-155, tit. III, sec. 301

Sec. 301. Subtitle D of title 10, United States Code, is amended as follows: (1) Section 8206 is amended to read as follows: “§ 8206. Regular Air Force: Commissioned officers on active list; Air Force nurses “(a) The authorized strength in Air Force nurses on the active list of the Regular Air Force is as prescribed by the Secretary of the Air Force within the authorized strength of the Regular Air Force in commissioned officers on the active list. “(b) Of the authorized strength of the Air Force in Air Force nurses on the active list of the Regular Air Force, not more than five may be in the regular grade of colonel, and not more than one hundred and seven may be in the regular grade of lieutenant colonel.” (2) Section 8207 is amended to read as follows: “§ 8207. Regular Air Force: Commissioned officers on active list; medical specialists “(a) The authorized strength in Air Force medical specialists on the active list of the Regular Air Force is as prescribed by the Secretary of the Air Force within the authorized strength of the Regular Air Force in commissioned officers on the active list. “(b) Of the authorized strength in medical specialists on the active list of the Regular Air Force, not more than one may be in the regular grade of colonel, and not more than twenty may be in the regular grade of lieutenant colonel.” (3) Section 8212 is amended by striking out the figure “8304,”. (4) Section 8285 is amended by adding the following sentence at the end thereof: “In addition, to be eligible for original appointment with a view to designation as an Air Force nurse, a person must be a graduate of a hospital or university school of nursing and a registered nurse.” (5) Section 8286 is amended— (A) by striking out in subsection (a) the words “8291 or”; and (B) by adding the following new subsection at the end thereof: “(c) This section does not apply to persons appointed with a view to designation as an Air Force nurse or medical specialist.” (6) Section 8287 is amended— (A) by striking out in subsection (a) the words “except a person” and inserting in place thereof the words “except as provided in subsection (b) of this section and except for persons”; (B) by inserting the following new subsection after subsection (a): “(b) For the purposes set forth in subsection (a), a person originally appointed in a commissioned grade in the Regular Air Force with a view to designation as an Air Force nurse or medical specialist shall be credited, at the time of her appointment, with all active commissioned service in the Armed Forces after December 6, 1941, that she performed after becoming 21 years of age and before her appointment. However, not more than 14 years of service may be so credited. For the same purposes, a person who is originally appointed in the grade of first lieutenant under section 8288 (b) of this title and who has not performed at least three years of active commissioned service, in the armed forces after December 6, 1941, shall be credited with that amount of service.” (C) by redesignating present subsections (b), (c), (d), and (e) as “(c)”, “(d)”, “(e)”, and “(f)”, respectively. 71 Stat. 387 (7) Section 8288 is amended— (A) by inserting “(a)” at the beginning thereof; (B) by inserting before the words “section 8294” the words “subsection (b) of this section and”; (C) by inserting after the words “section 8287” the designations “(a), (c), (d), or (e)”;and (D) by adding the following new subsection at the end therof: “(b) Based on the service credited under section 8287 (b) of this title, the commissioned grade in which an Air Force nurse or medical specialist is originally appointed in the Regular Air Force is: “(1) For persons with less than three years of service who on the date of nomination have not passed their twenty-seventh birthday and who are not qualified under clause (2)—second lieutenant. “(2) For persons with less than seven years of service who are qualified under regulations prescribed by the Secretary of the Air Force and who on the date of nomination have not passed their thirtieth birthday—first lieutenant. “(3) For persons with at least seven years of service who on the date of nomination have not passed their thirty-ninth birthday—captain. The maximum ages specified in clauses (1) and (2) of this subsection are increased by the period of active commissioned service which the member performed in the armed forces after December 6, 1941, but not by more than five years.” (8) The last sentence of section 8297 (a) is amended to read as follows: “However, a selection board considering— “(1) Under section 8300 (a) or (b) of this title female promotion list officers other than those designated under section 8067 of this title, may include female promotion list officers who are not designated under that section, who are senior in regular grade, to and who outrank, any female officer being considered by that board; and “(2) Air Force nurses or medical specialists, may include Air Force nurses or medical specialists, as the case may be, in a temporary or regular grade above major.” (9) Section 8298 (b) is amended by adding the following new sentence at the end thereof: “This subsection does not apply to Air Force nurses or medical specialists.” (10) Section 8299 is amended— (A) by inserting in subsection (a) after the words “subsection (f)” the words “or (g)”; (B) by inserting the following new sentence at the end of subsection (c): “This subsection does not apply to the promotion of Air Force nurses or medical specialists to the grade of captain, major, or lieutenant colonel.” (C) by inserting the following new subsection after subsection (f): “(g) Air Force nurses and medical specialists may be promoted to the regular grade of lieutenant colonel in the manner prescribed in section 8305 of this title to fill vacancies in the number authorized for that grade by the Secretary. Whenever a selection board is considering Air Force nurses or medical specialists for promotion to the regular grade of lieutenant colonel, the Secretary shall furnish to the board the name of each Air Force nurse or medical specialist, as the case may be, in the regular grade of major who has completed at least 21 years of service with which she is entitled to be credited for promotion purposes, and the names of all of those officers in that regular grade whose names appear on the applicable promotion list above the name of any 71 Stat. 388 officer who has completed at least 21 years of that service. In addition, he may furnish to the board, in the order in which their names appear on the applicable promotion list, the names of any other Air Force nurses or medical specialists, as the case may be, in the regular grade of major who have not completed 21 years of that service.” (D) by redesignating present subsection (g) as“(h)”. (11) Section 8300 is amended by adding the following new subsection at the end thereof: “(d) This section does not apply to the promotion of Air Force nurses or medical specialists to the regular grade of lieutenant colonel.” (12) Section 8301 (b) is amended to read as follows: “(b) This section does not apply to the promotion of Air Force nurses or medical specialists to the regular grade of lieutenant colonel.” (13) Section 8303 is amended by adding the following new subsection at the end thereof: “(f) This section does not apply to Air Force nurses or medical specialists being considered for promotion to the regular grade of lieutenant colonel.” (14) Section 8305 is amended— (A) by amending subsection (g) to read as follows: “(g) Air Force nurses and medical specialists may be promoted under this section only to fill vacancies in the number authorized for that grade by the Secretary.” (B) by adding the following new subsection at the end thereof: “(h) This section does not apply to female officers on the Air Force promotion list who are not designated under section 8067 of this title.” (15) The analysis of chapter 835 is amended by striking out the following items: “8291. Commissioned officers; Air Force nurses and women medical specialists: original appointment; additional qualifications, grade.”; and “8304. Commissioned officers; Air Force nurses and women medical specialists: promotion to first lieutenant, captain, major, lieutenant colonel, or colonel.” (16) Section 8888 is amended— (A) by inserting the following new clause after clause (2) (B): “(C) For an Air Force nurse or medical specialist, the period of service credited to her under the Army-Navy Nurses Act of 1947, as amended, or credited to her under section 8287 (b) of this title at the time of her appointment, plus her years of active commissioned service in the Regular Air force after her appointment in the Regular Air Force.” (B) by striking out in present clause (2) (D) the words “(A) or (C)” and inserting in place thereof the words “(A), (C), or (D)”; (C) by striking out in present clause (2) (E) the words “clause (B)” and inserting in place thereof the words “clause (B) or (Cl”;and (D) by redesignating present clauses (C), (D), and (E) as “(D)”, “(E)”, and “(F)” respectively. (17) The analysis of chapter 865 is amended by striking out the following items: “8881. Age 50: Regular Air Force nurses and women medical specialists below major. “8882. Age 55: Regular Air Force nurses and women medical specialists above captain.”; and “8887. Computation of years of service: discretionary retirement; Regular Air Force nurses and women medical specialists.” 71 Stat. 389 (18) Section 8915 is amended— (A) by inserting “(a)” at the beginning thereof; (B) by striking out the words “section 8067” and inserting in place thereof the words “section 8067 (a)–(d) or (g)–(i)”; and (C) by adding the following new subsection at the end thereof: “(b) The Secretary of the Air Force may defer the retirement under this section of any Air Force nurse or medical specialist in the regular grade of major until the thirtieth day after she completes 28 years of service computed under section 8927 (a) of this title.” (19) Section 8916 (a) is amended by striking out the words “, except an Air Force nurse or a woman medical specialist,”. (20) Section 8927 (a) is amended— (A) by inserting the following new clause after clause (2): “(3) For an Air Force nurse or medical specialist, the period of service credited to her under the Army-Navy Nurses Act of 1947, as amended, or credited to her under section 8287 (b) of this title at the time of her appointment, plus her years of active commissioned service in the Regular Air Force after her appointment in the Regular Air Force.” (B) by striking out in present clause (4) the words “(1) or (3)” and inserting in place thereof the words “(1), (3), or (4)”; (C) by striking out in present clause (5) the words “clause (2)” and inserting in place thereof the words “clause (2) or (3)”; and (D) by redesignating present clauses (3), (4), and (5) as “(4)”, “(5)”, and “(6)”, respectively. (21) The analysis of chapter 867 is amended— (A) by striking out the following items: “8912. Twenty years or more: Regular Air Force nurses and women medical specialists.”; “8915. Twenty-five years: female majors except those designated under section 8067 of this title.”: and “8928. Computation of years of service: voluntary retirement; Regular Air Force nurses and women medical specialists.”; and (B) by inserting the following new item: “8915. Twenty-five years: female majors except those designated under section 8067 (a)–(d) or (g)–(i) of this title.” (22) Section 8991 is amended— (A) by striking out formula “A” of the table therein; and (B) by redesignating formulas “B”, “C”, “D”, and “E” as “A”, “B”, “C”, and “D”, respectively.