Page:United States Statutes at Large Volume 60 Part 1.djvu/54

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79TH CONG. , 2D SESS.-CH. 34-FEB. 21, 1946 SEC. 3 . The Secretary of the Navy is authorized to convene boards Post, p. 2 . of officers of the Regular Navy and Marine Corps to consider and recommend for retirement officers of the Regular Navy and Marine Corps serving in the ranks of captain and below in the Navy, and colonel and below in the Marine Corps, within such categories or groups of such officers as shall be specified in the precepts convening such boards. The members of such boards shall be senior in perma- nent rank to the permanent rank of any officer under consideration. SEC. 4. The recommendations of each board convened pursuant to Recommendations. this Act shall be submitted by the Secretary of the Navy with his recommendations to the President for approval or disapproval, in whole or in part. SEC. 5 . Each officer recommended for retirement pursuant to this tPilcTent or Act shall, if such recommendation be approved by the President, be placed on the retired list on the first day of such month as may be set by the Secretary of the Navy but not later than the first day of the seventh month after the date of approval by the President. SEC. 6. When any officer of the Regular Navy or the Regular Marine year of seitce.20 Corps or the Reserve Components thereof has completed more than twenty years of active service in the Navy, Marine Corps, or Coast Guard, or the Reserve Components thereof, including active duty for training, at least ten years of which shall have been active commis- sioned service, he may at any time thereafter, upon his own applica- tion, in the discretion of the President, be placed upon the retired list on the first day of such month as the President may designate. SEC. 7. (a) Each officer retired pursuant to the foregoing sections Rank and pay. of this Act shall be placed on the retired list with the highest rank, permanent or temporary, held by him while on active duty, if his per- formance of duty in such rank as determined by the Secretary of the Navy has been satisfactory. In any case where, as determined by the Secretary of the Navy, any such officer has not performed satisfactory duty in the highest rank held by him while on active duty, he shall be placed on the retired list with the next lower rank in which he has served but not lower than his permanent rank. Officers retired pur- suant to the foregoing sections of this Act shall receive retired pay at the rate of 21/2 per centum of the active-duty pay with longevity credit of the rank with which retired, multiplied by the number of years of service for which entitled to credit in the computation of their pay while on active duty, not to exceed a total of 75 per centum of said active-duty pay: Provided, That a fractional year of six months or Fratlonal yer. more shall be considered a full year in computing the number of years service by which the rate of 21/2 per centum is multiplied: Provided further, That officers whose computation of pay on the active list is not based upon years of service shall receive as retired pay 75 per centum of their active duty pay. (b) Nothing within this section shall prevent any officer from being placed on the retired list with the highest rank and with the highest retired pay to which he might be entitled under other provisions of law. (c) The highest rank in which an officer served on or prior to June 30, 1946, or if a prisoner of war at any time during World War II, the highest rank to which an officer was temporarily appointed pur- suant to the provisions of the Act approved July 24, 1941 (55 Stat. 603), 34 u. C- s supp.v, is the highest rank in which the officer may be retired and upon which ,Pos p. 2 955. his retired pay may be based pursuant to this section, unless under provisions of law other than those contained within this section he is entitled to a higher rank on the retired list or to a higher retired pay, or unless at the time of retirement he is serving in a higher permanent grade or rank. 60 STAT.1 27