Page:United States Statutes at Large Volume 63 Part 1.djvu/868

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PUBLIC LAWS-CH. 681 -OCT. 12, 1949 B2 Stat. 1178 . 34U.S.C.II854- 854g. Restoration to for- mer retired status. 10U.S.C., Supp. II, if 1036 -1036i; 14 U.. C., Supp. II, § 186 and note; 34 U. S. 0., Supp. II, i 440h-440q. Ante, pp. 693, 565. 10 U. S. C., supp. II, I 1036d;34U.S.C., Supp. II , § 4401. 34 U. S. C., Supp. II, 855h . Restoration to for- mer retired status. the provisions of title II of the Naval Reserve Act of 1938, as amended, shall not be entitled to have their retired pay or retainer pay computed on the basis of the highest officer or warrant-officer grade held by them as authorized by this section until they have completed thirty years of service, to include the sum of their active service and their service on the retired list or in the Fleet Reserve or in the Fleet Marine Corps Reserve, as required by existing law: And provided further, That enlisted persons and warrant officers of the uniformed services, here- tofore or hereafter advanced on the retired list to a higher officer rank or grade pursuant to any provision of law shall, if application therefor is made to the Secretary concerned within one year from the effective date of this section or within one year after the date of advancement on the retired list, whichever is the later, and subject to the approval of the Secretary concerned, be restored to their former retired enlisted or warrant-officer status, as the case may be, and shall thereafter be deemed to be enlisted or warrant-officer personnel, as appropriate, for all purposes, including the computation of their retired pay based on such enlisted or warrant-officer rank, grade, or rating, as the case may be. RETIRED PAY OF MEMBERS AND FORMER MEMBERS OF RESERVE COMPONENTS SEC. 512. On and after the effective date of this section, any person who heretofore has been granted retired pay or who hereafter is granted retired pay pursuant to title III of the Act of June 29, 1948 (ch. 708,62 Stat. 1087), shall have his retired pay computed as author- ized by the aforesaid title III on the basis of the pay provided for in this Act: Provided, That, notwithstanding the provisions of section 305 of the Act of June 29, 1948 (62 Stat. 1089), any member or former member of the Naval Reserve or Marine Corps Reserve heretofore placed on the Honorary Retired List of the Naval Reserve or Marine Corps Reserve with pay as provided in sections 309 and 310 of the Naval Reserve Act of 1938 (52 Stat. 1183; 34 U. S . C . 855h, i), as amended, shall be entitled to have such pay computed as provided in this section. RETIRED PAY GRADE OF CERTAIN WARRANT OFFICERS AND ENLISTED PERSONS SEC. 513. Any enlisted person or warrant officer of the uniformed services who served in World War I, heretofore or hereafter retired for any reason, shall (1) be advanced on the retired list of the service concerned to the highest federally recognized officer rank or grade satisfactorily held by such enlisted person or warrant officer under a permanent or temporary appointment for any period of service between April 6, 1917, and November 11, 1918, and (2) if not entitled to receive retired pay or disability retirement pay based on a higher officer rank or grade by some other provision of law, be entitled to receive retired pay or disability retirement pay computed on the basis of the officer rank or grade to which previously advanced on a retired list or computed on the basis of the officer grade or rank authorized by this section: Provided,That enlisted persons and warrant officers of the uniformed services, heretofore or hereafter advanced on the retired list to a higher officer rank or grade pursuant to any provision of law shall, if application therefor is made to the Secretary concerned within one year from the effective date of this section or within one year after the date of advancement on the retired list, whichever is the later, and subject to the approval of the Secretary concerned, be restored to their former retired enlisted or warrant-officer status, as the case may be, and shall thereafter be deemed to be enlisted or warrant-officer personnel, as appropriate, for all purposes, including 830 [63 STAT.