61 STAT.] 80TH CONG. , 1ST SESS.-CH. 512-AUG. 7, 1947 section: Provided, That, if on the date such officer attains the age of sixty years, sixty-two years, or sixty-four years, as the case may be, he is eligible for retirement under any other provision of law in effect on that date, including any provision of law providing for voluntary retirement on his own application, and the retired grade or amount of retired pay to which he would be entitled under such other provi- sion is greater than the retired grade or amount of retired pay herein provided, he shall be entitled to the greater retired grade and retired pay. (b) The term "years' service" as used in subsections (c), (d), and (e) of this section means and includes- (1) for any officer appointed in the Regular Army between December 28, 1945, and December 31, 1947, under the provisions of the Act of December 28, 1945 (Public Law 281, Seventy-ninth Congress, 59 Stat. 663), as amended, the period of service credited to such officer under that law at the time of his appointment, increased by the period of his active commissioned service in the Regular Army subsequent to such appointment; (2) for any Reserve judge advocate appointed in the Regular Army in the grade of captain in the Judge Advocate General's Department under the applicable provision of section 24e of the National Defense Act, as amended (10 U. S . C . 64), a period of service equal to the number of days, months, and years by which his age at time of such appointment exceeds twenty-five years or the total period of active Federal service performed by him after attaining the age of twenty-one years as a commissioned officer in the Army of the United States or any component thereof from December 7, 1941, to the date of such appointment, whichever is greater; increased by the period of his active commissioned service in the Regular Army subsequent to such appointment; and (3) for any other Regular Army officer, the period of his active commissioned service in the Regular Army subsequent to his appointment, increased by the period of active Federal service performed by him prior to his appointment in the Regular Army after attaining the age of twenty-one years as a commissioned officer in the Army of the United States or any component thereof after December 7, 1941, for those appointed in the Regular Army prior to December 31, 1947; and after December 31, 1947, for those appointed in the Regular Army after December 31, 1947. (c) After the date of enactment of this Act, whenever in the opinion of the Secretary of War there is an excessive number of officers on the active list of the Regular Army in any grade who have completed thirty "years' service, he may convene a board of not less than five general officers of the Regular Army to consider all officers of that grade who have completed thirty "years' service" and recommend for retirement a specified number thereof, and the Secretary of War, in his discretion, is authorized to retire any officer so recommended. (d) Unless provided otherwise by some provision of law, commis- sioned officers of the Regular Army hereinafter specified who are not retired or separated at an earlier date under other provisions of law shall be eliminated from the active list and retired or separated, as the case may be, at the times hereinafter prescribed. If on the date of elimination from the active list hereinafter prescribed, any officer is within two years of becoming entitled to retirement under the pro- visions of subsection (e) of this section, his date of elimination from the active list shall be the date on which he becomes entitled to retire- ment, rather than that hereinafter prescribed, and he shall be retained on the active list in the permanent grade then held until qualified for retirement and then retired, unless sooner retired or separated under some other provision of law. 903 "Years' servieo." 10 U. . 0.. i481, 505- 05d, 552a, 5520. Ante, pp.95, 735,736. 41 Stat. 774. ixom'nwive number who have oomplletl 30 "years' servioo." Elimination from active list.
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