An act to amend title 10, United States Code, to revise and standardize the provisions of law relating to appointment, promotion, separation, and mandatory retirement of regular commissioned officers of the Army, Navy, Air Force, and Marine Corps, to establish the permanent grade of commodore admiral in the Navy, to equalize the treatment of female commissioned officers with that of male commissioned officers, and for other purposes.

Summary

Defense Officer Personnel Management Act - Title I: Amendments to Subtitle A of Title 10, United States Code - General Military Law - Eliminates the provisions defining "dependent" with respect to female members of the armed services. Defines: (1) "active-duty list" as a single list for each of the military services containing the names of all active-duty officers of that service (other than those excluded by this Act); (2) "competitive category" as a group of officers designated to compete among themselves for promotion; (3) "due-course officer" as an active-duty officer who has neither failed to be promoted when considered for promotion, nor been promoted from below the promotion zone; has served on active duty continuously; has not received constructive credit service; and in the case of a Navy or a Marine officer, has not lost numbers or precedence; (4) "promotion zone" as an eligibility category consisting of all the most senior officers on an active-duty list in the same grade and competitive category who are eligible for promotion to the next higher grade, and who have neither failed to be selected, nor removed from a promotion list, for such grade; and (5) "officers above and below the promotion zone." Requires Congress to authorize annually the end strength of active-duty officers for each of the military services. Prohibits the appropriation of any related funds without such authorization. Excludes specified members of the reserve and National Guard from such authorized strengths. Revises information to be included in the annual report of the Secretary of Defense to Congress recommending active-duty end strengths. Provides that the Secretary of Defense shall prescribe, subject to congressional authorization, the fiscal year end strengths in active-duty officers (excluding warrant officers) for each military service. Provides that the officer strength of the Navy is increased by the authorized officer strength of the Coast Guard when the Coast Guard is operating as part of the Navy. Authorizes ceilings for the number of regular officers in each service. Limits the number of active-duty officers in grades above colonel or captain (Navy), and below brigadier general or commodore admiral. Authorizes the President to suspend temporarily any of such provisions in time of war or national emergency. Provides for the original appointment by the President of officers in grades 0-1 through 0-6 in the regular Army, Navy, Air Force, and Marine Corps. Sets forth: (1) required qualifications for such appointments; and (2) actual and constructive service credit provisions. Revises appointment of reserve warrant officer provisions to make all such appointments by warrant of the Secretary of each service. Establishes provisions concerning temporary officer appointments in time of war or national emergency, including: (1) Presidential authority to make such appointments in grades below lieutenant general or vice admiral; (2) service credit entitlement of such appointments; (3) sole Presidential authority to make, and to vacate, such appointments; (4) maintenance of a pay and allowance, and permanent status, of military personnel in such appointments; and (5) termination of such appointment. Authorizes the President to designate temporary positions of importance to carry the grade of general, lieutenant general, admiral, or vice admiral. Authorizes the Secretary of each service to promote temporarily a warrant officer on active duty. Requires the Secretary of Defense to promulgate regulations for the convening of officer promotion boards for grades 0-2 through 0-8, and for selection boards to recommend continuation of active service or selective early retirement. Sets forth the composition of such boards. Requires at least 30 days notice to be given to an affected officer. Authorizes such an officer to submit written material to be considered by such boards. Sets forth provisions concerning promotion, separation, and retirement of officers which include, among other things: (1) selection board members' oaths; (2) information to be furnished to such boards; (3) recommendations and eligibility for promotion by such boards; (4) selection board reports; (5) active-duty lists; (6) competitive promotion categories; (7) promotion zones; (8) promotion procedures; (9) special selection boards; (10) removal from promotion lists; (11) discharge of regular officers with less than five years of service; (12) retirement; (13) continuation on active duty; (14) selective early retirement; (15) creditable service for involuntary retirement; (16) deferment of retirement or separation; (17) Presidential authority to suspend temporarily laws relating to officer promotion, separation, or involuntary retirement; and (18) separation or retired pay entitlement. Requires the Secretary of each military department (under regulations prescribed by the Secretary of Defense) to report annually to the House and Senate Armed Services Committees concerning: (1) current active-duty officer positions and estimates of such future positions; (2) the numbers of officers actually serving in such positions; and (3) the distribution by grade and year of commissioned service of active-duty reserve and regular officers. Provides that: (1) retired members who serve as higher active-duty grades shall maintain such grade when returned to the retired list; and (2) except in time of war or national emergency, not more than 15 retired officers above colonel or captain (Navy) may be on active duty at any one time. Provides that a reserve officer ordered to active duty shall be ordered to active duty in his reserve grade. Sets forth the relative rank of various commissioned officers and other related provisions, including the command authority of retired officers. Establishes the Naval grade of Commodore Admiral in place of Rear Admiral (lower-half). Provides for the appointment by the President of a Judge Advocate General and a Deputy Judge Advocate General in the Army, Navy, and Air Force. Extends the restriction on outside employment to all active-duty officers (currently affects regular officers only). Provides medical and dental benefits to spouses of servicewomen. Removes provisions requiring an unremarried widower or husband of a servicewoman to be dependent upon her for over half his support to qualify for such benefits. Entitles warrant officers to separation pay. Provides uniform separation payments to officers and reserve and temporary enlisted members in an amount equal to ten percent of annual basic pay for each year of service up to a maximum of $30,000. (Sets forth an alternate payment formula with a maximum of $15,000 to be used at the discretion of the Secretary of each military department). Provides for the deduction of retired and disability payments from such benefits. Authorizes the Secretaries of the military departments concerned to convene boards to determine whether certain regular officers should be retained on active duty because of failure to perform up to standards, or for misconduct, moral or professional dereliction, or for reasons of national security. Sets forth the composition of such boards, their duties, and other related provisions. Provides for appellate boards of review to review the records of such inquiry boards. Authorizes the Secretary concerned to remove an officer from duty upon the recommendation of an inquiry board. Sets forth the various types of discharges and retirement that may be granted for such separations. Requires officers (other than those above general or admiral, warrant officers, and service academy professors, admissions directors, or registrars) to retire at age 62. Authorizes the President to defer the retirement of specified higher officers until age 64. Limits the number of such deferments in effect at any one time to ten. Provides that: (1) a regular, reserve, or temporary officer (excluding warrant officers) may retire in the highest grade served on active duty for at least six months; and (2) an officer in grades 0-5, 0-6, 0-7, or 0-8 must serve at least three years in such grade to be granted voluntary retirement in that grade. Revises computation of retired pay for specified officers retired under provisions of this Act. Title II: Amendments to Subtitles B and D of Title 10, United States Code - The Army and the Air Force - Repeals provisions: (1) prohibiting the inclusion of personnel detailed outside the Department of Defense in computing military strengths; (2) prohibiting the enlistment of women as aviation cadets; (3) authorizing an Army colonel serving as special assistant to the Comptroller of the Department of Defense to have the grade of brigadier general; (9) authorizing an Army officer serving as Assistant to the Chief of Engineers to have the rank and pay of brigadier general; and (5) setting forth termination of appointment or enlistment of women. Sets forth provisions regarding: (1) service credit upon original appointment of reserve officers; (2) exclusion of active-duty list reserve officers from certain reserve officer appointment requirements; (3) temporary appointment and promotion of warrant officers; (4) appointment of reserve officers to active-duty status in their reserve grade; (5) inclusion of Chief of Staff to the President in determination of authorized strengths; (6) command authority of nurse and medical specialist officers; (7) retention in active status until age 50 of reserve officer veterinarians, podiatrists, and optometrists; (8) computation of retired pay; and (9) inclusion of the Deans of the United States Military and Air Force Military Academies in determining grade strengths. Title III: Amendments to Subtitle C of Title 10, United States Code - The Navy and Marine Corps - Amends the definition of "commissioned officer" to mean a member of the naval service whose appointment has been commissioned by the President. Eliminates the provision entitling the Director of Budget and Reports to the same rank and retirement as provided for chiefs of bureaus. States that the Chief of the Dental Division in the Bureau of Medicine and Surgery shall hold the grade of commodore admiral (rather than rear admiral) or above. Authorizes the Chief of Medical Service Corps to have a grade higher than captain. Abolishes the positions of Assistant Chief of Women, Bureau of Naval Personnel; and Director of Women Marines. Repeals provisions limiting the number of active-duty women officers. Provides that not more than 50 percent of certain Navy Reserve officers on active status may serve in the grade of rear admiral. Repeals certain provisions regarding original appointments of officers, including: (1) appointment of Naval Academy graduates as regular officers; (2) appointment of women in the Naval Reserve as staff corps officers; (3) priority categories for officer appointments; (4) appointment of ensigns; and (5) prohibition of appointment of a former midshipman or cadet as a Marine officer until after graduation of his academy class. Makes provisions regarding the transfer of staff and line officers applicable to all officers (presently only applies to males). Includes geophysics, and cryptography within the special duty categories for Navy officer appointments. Authorizes limited duty appointments of Navy officers as lieutenants or Marine officers as captains. Revises provisions regarding the crediting of constructive service for reserve appointments. Delegates the assignment of reserve officer running mates to the Secretary of the Navy. Repeals provisions regarding: (1) officer examinations; (2) retired Navy officers; (3) officers' shore duty assignments; (4) discharge of women enlisted personnel and officers; and (5) recall and retired officers' pay. Provides that officers in the Nurse Corps of the Naval Reserve shall be eliminated from active status under the same conditions as regular officers in the same grade. Title IV: Amendments to Title 37, United States Code, Relating to Pay and Allowances - Repeals pay provisions regarding: (1) rear admirals; (2) certain retired Navy and Coast Guard officers recalled to active duty; and (3) Marine officers serving as Judge Advocate General or Deputy Judge Advocate General of the Navy. Eliminates creditable service for basic pay computation of medical or dental officers. Provides that promoted officers shall be entitled to the pay and allowances of the grade to which they are promoted on the effective date of promotion (presently as of the vacancy date). Title V: Technical and Conforming Amendments - Sets forth technical and conforming amendments to this Act. Title VI: Transition and Effective Date Provisions - Sets forth provisions relating to: (1) officer grade and promotion status; (2) officer retirement, discharge, and release from active duty; (3) placement on the active-duty list; (4) uniform, pay grade, rank, and title of rear admirals affected by the creation of the new grade of commodore admiral; (5) reappointment and promotion of regular Navy women officers; (6) creditable service; and (7) grade strengths.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 22 October 1979

   Reported

   Reported to Senate from the Committee on Armed Services, S. Rept. 96-375.

   Source: Committee

2. 22 October 1979

   Calendars

   Placed on calendar in Senate.

   Source: Calendars

3. 22 October 1979

   Reported

   Reported to Senate from the Committee on Armed Services, S. Rept. 96-375.

   Source: Committee

4. 22 October 1979

   Introduced

   Introduced in Senate

   Source: IntroReferral

5. 30 November 1979

   Floor

   Measure called up by unanimous consent in Senate.

   Source: Floor

6. 30 November 1979

   Vote

   Passed/agreed to in Senate: Measure passed Senate, amended, roll call #448 (87-0).

   Source: Floor

7. 5 December 1979

   Introduced

   Referred to House Committee on Armed Services.

   Source: IntroReferral

8. 13 November 1980

   Reported

   Reported to House from the Committee on Armed Services with amendment, H. Rept. 96-1462.

   Source: Committee

9. 13 November 1980

   Reported

   Reported to House from the Committee on Armed Services with amendment, H. Rept. 96-1462.

   Source: Committee

10. 17 November 1980

    Passed

    Measure passed House, amended.

    Source: Floor

11. 17 November 1980

    Passed

    Passed/agreed to in House: Measure passed House, amended.

    Source: Floor

12. 17 November 1980

    Floor

    Measure called up under motion to suspend rules and pass in House.

    Source: Floor

13. 21 November 1980

    Passed

    Senate agreed to House amendments.

    Source: ResolvingDifferences

14. 21 November 1980

    Passed

    Resolving differences -- Senate actions: Senate agreed to House amendments.

    Source: NotUsed

15. 1 December 1980

    President

    Measure enrolled in Senate.

    Source: President

16. 1 December 1980

    President

    Measure enrolled in House.

    Source: President

17. 2 December 1980

    Floor

    Measure presented to President.

    Source: Floor

18. 2 December 1980

    President

    Measure presented to President.

    Source: President

19. 12 December 1980

    President

    Public Law 96-513.

    Source: President

20. 12 December 1980

    President

    Signed by President.

    Source: President

21. 12 December 1980

    Became law

    Signed by President.

    Source: BecameLaw

Votes

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

5 official files

• Public Law (PDF)

  Public Law · EN · 13 December 1980

  ViewDownloadOpen at official source

• Passed House amended

  summary · EN · 17 November 1980

  Open at official source

• Reported to House with amendment(s)

  summary · EN · 13 November 1980

  Open at official source

• Passed Senate amended

  summary · EN · 30 November 1979

  Open at official source

• Introduced in Senate

  summary · EN · 22 October 1979

  Open at official source

Sponsors

• Sen. Nunn, Sam [D-GA] · D · Sponsor
• · hsas00 · Standing
• · ssas00 · Standing

Related records

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