Volume 68 · 759
Public Law 83–614
To integrate the Judge Advocate’s promotion list with that of the Army to restore lost seniority and grade, and for other purposes.
Approved August 21, 1954
Statutory text
AN ACT
To integrate the Judge Advocate’s promotion list with that of the Army to restore lost seniority and grade, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the first paragraph of section 247 of the Universal Military Training and Service Act (formerly the Selective Service Act of 1948 (62 Stat. 643; 10 U. S. C. 65)) be amended to read:
“Regular Army officers shall be permanently appointed by the President, by and with the advice and consent of the Senate, in the Judge Advocate General’s Corps in the commissioned officer grades of major general, brigadier general, colonel, lieutenant colonel, major, captain, and first lieutenant.”
Sec. 2.
The names of officers on the Judge Advocate’s promotion list who were transferred thereto from the Army promotion list shall be entered on the Army promotion list in the positions they would have attained if they had not been transferred to the Judge Advocate’s promotion list: Provided, That the names of officers on the Judge Advocate’s promotion list in the permanent grade of colonel shall be entered on the Army promotion list without change in the order of their precedence on the Judge Advocate’s promotion list.
Sec. 3.
The names of officers on the Judge Advocate’s promotion list, other than those provided for in section 2, shall be entered on the Army promotion list in the positions they would have attained if they had been entered on the Army promotion list at the time of original appointment.
Sec. 4.
To the extent necessary to give effect to sections 2 and 3, officers on the Judge Advocate’s promotion list who would have attained a higher grade had they been carried on the Army promotion list rather than on the Judge Advocate’s promotion list shall, within one hundred and twenty days after the date of enactment of this Act
and in the manner prescribed in the Officer Personnel Act of 1947, be considered for and, if selected, be promoted to such higher grade. Officers considered for promotion to the grades of captain, major, and lieutenant colonel under the provisions of this section but not selected shall be deemed to have failed of selection within the meaning of section 509 of the Officer Personnel Act of 1947.
Sec. 5.
To the extent necessary to give effect to sections 2, 3, and 4, the Secretary of the Army shall adjust the dates of rank in permanent grade of the officers described therein. For an officer entered on the Army promotion list in the grade of lieutenant colonel under this Act or promoted to that grade under section 4 hereof, the date specified as the adjusted date of rank shall be considered as the beginning of a period of service under a permanent appointment in the grade of Lieutenant colonel for the purposes of section 510 of the Officer Personnel Act of 1947 (61 Stat. 897; 10 U. S. C. 559d).
Sec. 6.
Nothing in this Act shall be construed as changing existing laws pertaining to the appointment and commissioning of Regular Army officers in the Judge Advocate General’s Corps or to the status of the Judge Advocate General’s Corps as a special branch of the Army.
Sec. 7.
No officer of the Judge Advocate General’s Corps shall suffer a reduction in grade by reason of the enactment of this Act. An officer who, on the day prior to the effective date hereof, is a “deferred officer” within the meaning of section 509 of the Officer Personnel Act of 1947 shall not, by reason of any provision of this Act, cease to be
a “deferred officer”.
Sec. 8.
The second paragraph of section 247 of the Universal Military
Repeals.
Training and Service Act (formerly the Selective Service Act of 1948 (62 Stat. 643; 10 U. S. C. 65)) and the last sentence of section 308 of the Army Organization Act of 1950 (64 Stat. 270; 10 U. S. C. 61–1) are hereby repealed.
Sec. 9.
No retroactive pay or allowances shall accrue as a result of the enactment of this Act.
Sec. 10.
The Secretary of the Army, or such subordinate as he may designate, shall have authority to make all determinations necessary in the administration of this Act.
Sec. 11.
This Act shall become effective thirty days after the date
Effective date.
of its enactment.
Approved August 21, 1954.