Executive Order 12082—Armed Forces Promotion and Disability Separation Limitations

SUSPENSION OF CERTAIN ARMED FORCES PROMOTION AND DISABILITY SEPARATION LIMITATIONS

By the authority vested in me as President of the United States of America by Sections 2 and 3 of an Act approved by me today (bill S. 3454 enacted by the Senate and the House of Representatives on September 7 and 12, 1978), and having determined that certain promotion limitations applicable to the Navy and Marine Corps should continue to be suspended, and having determined that the new statutory conditions authorizing a continuation of certain existing disability separation practices in the Armed Forces should be effective, it is hereby ordered as follows:

1-101. For the period beginning on September 15, 1978 and ending on September 30, 1979, the application of the following provisions of Title 10 of the United States Code is suspended:

(a) Section 5707(c), restricting the number of Navy and Marine Corps officers who may be recommended for promotion from below the appropriate promotion zone.

(b) Section 5751 (a), requiring Marine Corps officers serving in the grade of brigadier general to have completed three years' service in grade to be eligible for consideration for promotion to major general.

(c) Section 5751(b), requiring certain officers to have completed specific years of service in grade before being eligible for consideration for promotion to the next higher grade.

(d) Section 5751(e), precluding officers designated for limited duty who are below the appropriate promotion zone from being considered for promotion.

(e) Section 5770, requiring certain officers to have had at least two years' sea or foreign service in grade before they may be promoted.

1-102. For the period beginning on September 15, 1978 and ending on September 30, 1979, the conditions provided for by the following provisions of Title 10 of the United States Code are effective:

(a) Section 1201(3) (B) (iv), authorizing the retirement for certain disabilities of at least 30 percent which were incurred in line of duty.

(b) Section 1203(4) (A) (iii), authorizing separation for certain disabilities of less than 30 percent which were incurred in line of duty.

(c) Section 1203(4) (c) (iii), authorizing separation for certain disabilities of at least 30 percent which were not incurred in line of duty.

1-103. Executive Order Nos. 10616, 11151, 11437, and 11554, as amended, are hereby revoked.

JIMMY CARTER

The White House,

September 19, 1978.

[Filed with the Office of the Federal Register, 10:47 a.m., September 20, 1978]