113 HR 5832 IH: PROPER Act U.S. House of Representatives 2014-12-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

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.