U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 36— PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST › Subchapter SUBCHAPTER I— SELECTION BOARDS › Part “Part A— Transition Provisions Relating Only to the Army and Air Force

10 U.S.C. § 606

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An officer of the Army or Air Force who on the day before the effective date of this Act [Sept. 15, 1981]—“(1) was on active duty and subject to placement on the active-duty list of his armed force; and“(2) held the reserve grade of first lieutenant, captain, or major; and“(3) was considered to have twice failed of selection for promotion to the next higher reserve grade,shall be governed by [former] section 3846 or 8846, as appropriate, of title 10, United States Code, as a deferred officer.