SELECTIVE EARLY RETIREMENT FLEXIBILITY AUTHORITY.

SEC. 503. SELECTIVE EARLY RETIREMENT FLEXIBILITY AUTHORITY. (a) Exclusion of Officers Otherwise Approved for Retirement.—Section 638(e) of title 10, United States Code, is amended— (1) by inserting “(1)” after “(e)”; (2) by designating the second sentence as paragraph (2)(A); (3) by inserting “(except as provided in subparagraph (B))” after “under this section, such list”; and (4) by adding at the end the following: “(B) A list under subparagraph (A) may not include an officer in that grade and competitive categoiy who has been approved for voluntary retirement under section 3911, 6323, or 8911 of this title, or who is to be involuntarily retired under any provision of law, during the fiscal year in which the selection board is convened or during the following fiscal year. “(C) An officer not considered by a selection board convened under section 611(b) of this title by reason of subparagraph (B) shall be retired on the date approved for the retirement of that officer as of the convening date of such selection board unless the Secretary concerned approves a modification of such date in order to prevent a personal hardship for the officer or for other humanitarian reasons.”. (b) Temporary Early Retirement Selection Authority.—(1) Subparagraph (C) of section 638a(b)(2) of such title is amended to read as follows: “(C) Officers, other than those described in subparagraphs (A) and (B), holding a regular grade below the grade of colonel, or in the case of the Navy, captain, who are eligible for retirement under section 3911, 6323, or 8911 of this title, or who after two additional years or less of active service would be eligible for retirement under one of those sections and whose names are not on a list of officers recommended for promotion.”. (2) Subsection (c) of section 638a of such title is amended— (A) by inserting “(1)” after “(c)”; and (B) by adding at the end the following: “(2) In the case of an action authorized under subsection (b)(2), the Secretary of Defense may also authorize the Secretary of the military department concerned when convening a selection board under section 611(b) of this title to consider regular officers on the active-duty list for early retirement to include within the officers to be considered by the board reserve officers on the active-duty list on the same basis as regular officers.”.