Library / Laws / 113th / hr / H.R. 5832 / Introduced in House
I
113th CONGRESS
2d Session
H. R. 5832
IN THE HOUSE OF REPRESENTATIVES
December 10, 2014
Mr. Thompson of Pennsylvania (for himself, Mr. Walz, Mr. Rangel, Ms. Shea-Porter, Mr. Cramer, Mr. Rush, Mr. Marino, Mr. Amodei, Mr. Barletta, Mr. Kelly of Pennsylvania, Mr. Fitzpatrick, Mr. Wilson of South Carolina, and Mr. Perry) introduced the following bill; which was referred to the Committee on Armed Services
A BILL
To amend title 10, United States Code, to modify the enhanced selective discharge authority
currently available to the Secretary of a military department to permit a
commissioned officer in the Armed Forces who was appointed from the
enlisted ranks and has at least 20 years of service, at least four years
of which has been commissioned service, to retire in the officer’s
commissioned rank.
1.
Short title
This Act may be cited as the Proudly Restoring Officers of Prior Enlistment Retirement Act or the PROPER Act.
2.
Reduction in required length of commissioned service for retirement as an officer
(a)
Army
Section 3911(b) of title 10, United States Code, is amended—
(1) in paragraph (2), by striking The period and inserting Except as provided in paragraph (3), the period; and
(2) by adding at the end the following new paragraph:
(3) During the period beginning on January 1, 2014, and ending on September 30, 2016, the requirement
under subsection (a) for at least 10 years of active service as a
commissioned officer shall be reduced to a period of at least four years.
.
(b)
Navy and Marine Corps
Section 6323(a)(2) of title 10, United States Code, is amended—
(1) in subparagraph (B), by striking The period and inserting Except as provided in subparagraph (C), the period; and
(2) by adding at the end the following new subparagraph:
(B) During the period beginning on January 1, 2014, and ending on September 30, 2016, the requirement
under paragraph (1) for at least 10 years of active service as a
commissioned officer shall be reduced to a period of at least four years.
.
(c)
Air Force
Section 8911(b) of title 10, United States Code, is amended—
(1) in paragraph (2), by striking The period and inserting Except as provided in paragraph (3), the period; and
(2) by adding at the end the following new paragraph:
(3) During the period beginning on January 1, 2014, and ending on September 30, 2016, the requirement
under subsection (a) for at least 10 years of active service as a
commissioned officer shall be reduced to a period of at least four years.
.
(d)
Retroactive application
In the case of a member of the Army, Navy, Air Force, or Marine Corps who was retired under section
638a, 3911(a), 6323(a), or 8911(a) of title 10, United States Code, during
the period beginning on January 1, 2014, and ending on the date of the
enactment of this Act, the Secretary of the military department concerned
shall modify the rank in which the member was retired if necessary to
comply with the amendments made by this section.