Page:United States Statutes at Large Volume 52.djvu/1219

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PUBLIC LAWS-CH. 690-JUNE 25, 1938 Maximum numeri- SEC. 10. Subject to appropriations made annually by the Congress, tive. it is the purpose and intent of this Act that the United States Naval Reserve and the United States Marine Corps Reserve shall be admin- istered with the definite objective of reaching the maximum numeri- cal strength of trained and qualified officers and enlisted men in the several classes, as may be determined by the Secretary of the Navy, within a period of not more than ten years and, as nearly as may be possible, by equal annual increments. Effective date of SEC. 11. This Act shall take effect on July 1, 1938, which date shall Act. be construed as the date of the passage or approval thereof. Title II-Fleet Be- TITLE II-FLEET RESERVE serve. Compositioa. SEC. 201. The Fleet Reserve shall be composed of officers and enlisted men transferred or assigned thereto in accordance with the Assignments. provisions of this Act: Provided, That subject to their own consent, ex-officers and ex-enlisted men of the Regular Navy who have been honorably discharged therefrom after not less than four years' service therein, may, in the discretion of the Secretary of the Navy, be appointed or enlisted in the Naval Reserve in the ranks or ratings last held by them in the Regular Navy, and assigned to the Fleet Reserve created by this Act. Computation of SEC. 202. For all purposes of this Act a complete enlistment dur- termsservice ing minority shall be counted as four years' service and any enlist- ment terminated within three months prior to the expiration of the term of such enlistment shall be counted as the full term of service Transfers concln- for which enlisted: Provided, That all transfers from the Regular sive. Navy to the Fleet Naval Reserve or to the Fleet Reserve, and all transfers of members of the Fleet Naval Reserve or the Fleet Reserve to the retired list of the Regular Navy, heretofore or hereafter made by the Secretary of the Navy, shall be conclusive for all purposes, and all members so transferred shall, from the date of transfer, be entitled to pay and allowances, in accordance with their ranks or ratings and length of service as determined by the Secretary of the Correctionof errors. Navy: Provided further, That the Secretary of the Navy, upon dis- covery of any error or omission in the service, rank, or rating for transfer or retirement, is authorized to correct the same and upon such correction the person so transferred or retired shall be entitled to pay and allowances, in accordance with his rank or rating and length of service as determined by the Secretary of the Navy. Transfers of certain SEC. 203. Men serving in the Regular Navy, who, having enlisted enlisted men to Reserve,aftert lyears' therein on July 1, 1925, or prior thereto, or who having been dis- service. charged therefrom prior to July 1, 1925, and reenlisted in the Regu- lar Navy within three months from the date of discharge, or who were serving in the Naval Reserve Force on July 1, 1925, in an enrollment entered into within four months from the date of their discharge from the Regular Navy and thereafter reenlisted in the Regular Navy within three months from the date of their discharge from the Naval Reserve created by the Act of February 28, 1925, shall be entitled to be transferred to the Fleet Reserve on the comple- tion of sixteen or more years' naval service, and when so transferred shall, except when on active duty, be entitled to receive, if they have Pay, etc. had sixteen but less than twenty years' naval service, pay at the rate of one-third the base pay they were receiving at the time of transfer, ier 2 yars ser- plus all permanent additions thereto, and if they have had twenty or more years' naval service, pay at the rate of one-half of the base pay they were receiving at the time of transfer, plus all permanent addi- Increae, forextraor tions thereto: Provided,That the pay authorized in this section shall diryheroisn, etc. be increased 10 per centum for all men who may be credited with extraordinary heroism in the line of duty or whose average marks in [52 STAT.