52 STAT.] 75TH CONG., 3D SESS.-CH. 690-JUNE 25, 1938 conduct for twenty or more years shall not be less than 95 per cen- tum of the maximum: Provided further, That the determination of the Secretary of the Navy as to the definition of extraordinary hero- ism shall be final and conclusive for all purposes. SEC. 204. Men serving in the Regular Navy on the date of the passage of this Act, who first enlisted in the Navy after July 1, 1925, or who reenlisted therein after July 1, 1925, having been out of the Regular Navy for more than three months, and men who first enlist in the Regular Navy after the passage of this Act, may upon their own request be transferred to the Fleet Reserve upon the completion of at least twenty years' naval service: Provided, That they are physically and otherwise qualified to perform duty in time of war. After such transfer, except when on active duty, they shall be paid at the rate of one-half of the base pay they are receiving at the time of transfer: Provided further, That all enlisted men transferred to the Fleet Reserve in accordance with the provisions of Sections 1 and 203 of this Act shall, upon completion of thirty years' service, be transferred to the retired list of the Regular Navy, with the pay they were then legally entitled to receive and the allowances to which enlisted men of the Regular Navy are entitled on retirement after thirty years' service: And provided further, That all enlisted men. transferred to the Fleet Reserve in accordance with the provisions of this section shall, upon completion of thirty years' service, be trans- ferred to the retired list of the Regular Navy, with the pay they were then legally entitled to receive, plus all permanent additions thereto, and the allowances to which enlisted men of the Regular Navy are entitled on retirement after thirty years' service. SEC. 205. The Secretary of the Navy, under such regulations as he may prescribe, may require any person hereafter when enlisting in the Regular Navy and may authorize any enlisted man in such service to obligate himself to serve four years in the Fleet Reserve upon termination of his enlistment in the Regular Navy: Provided, That upon termination of their enlistment in the Regular Navy, men who have so obligated themselves shall be transferred to the Fleet Reserve for the four-year period, unless they apply for reenlistment or extension of their enlistment in the Regular Navy, in which event they may be reenlisted or may extend their enlistment in the Regular Navy: Provided further, That, except as otherwise provided for in this Act, the men so transferred to the Fleet Reserve for the four- year period, and officers and men assigned thereto under the provi- sions of section 201 of this title shall not, in time of peace, be ordered to active duty, except with their own consent, and shall be under no obligation to perform training duty or drill during that period, but shall be paid in advance $20 per annum. SFC. 206. In time of peace all enlisted men transferred to the Fleet Reserve after sixteen years' or more service in the Regular Navy may be required to perform not more than two months active duty in each four-year period and shall be examined physically at least once during each four-year period: Provided, That any pay which may be due any member of the Fleet Reserve shall be forfeited when so ordered by the Secretary of the Navy, upon failure, under such con- ditions as may be prescribed by the Secretary of the Navy, of such member to report for inspection: Provided further, That enlisted men heretofore or hereafter transferred to the Fleet Reserve after sixteen years' or more service in the Regular Navy, who are found not phys- ically qualified upon such examination, shall be transferred to the retired list of the Regular Navy, with the pay they are then receiv- ing, and in addition men coming under the cognizance of sections 1 and 203 of this Act, shall, upon the completion of thirty years' service, receive the allowances to which enlisted men of the Regular Navy are Finality of determi- nation. Transfers to Fleet Reserve after 20 years' service. Provisos. Qualifications, pay, etc. Transfers to retired list after 30 years' service. Ante, pp. 1175, 1178. Pay and allowances. Obligation for peri- od of service in Fleet Reserve. Proisos. Transfers to Fleet Reserve; exception. Active duty restric- tions, in peace time. Limltedactiveduty in time of peace. Physical examina- tion. Provisos. Forfeiture of pay for failure to report for inspection. Transfer to retired list if found physically unqualified; pay, etc. Anlte, pp. 115, . 1 17S.
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