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400 § 6372. Regular Navy; line rear admirals restricted in performance of duty and staff corps rear admirals: retention on active list; retirement (a) Except as provided in subsection (b), each officer restricted in the performance of duty serving in the grade of rear admiral on the active list in the line of the Navy, and each officer serving in the grade of rear admiral on the active list of the Navy in any staff corps, shall be retired on June 30 of the fiscal year in which he first completes— (1) at least seven years of service in the grade of rear admiral; and (2) at least 35 years of total commissioned service as computed under section 6387 or 6388 of this title. (b) Each officer who would otherwise be retired under this section shall be retained on the active list if recommended for retention in the approved report of a board convened under section 5709 of this title. An officer so retained, if not retired under another provision of law, shall continue on the active list until June 30 of any succeeding fiscal year in which— (1) he is not again recommended for retention in the approved report of such a board; or (2) no such board is convened. (c) The number of officers that may be recommended by a board for retention on the active list under this section may not exceed the number that the Secretary of the Navy determines is required to meet the needs of the service. (d) For the purpose of this section, an officer'service in the grade of rear admiral is computed from the date of the occurrence of the vacancy that he was promoted to fill. However, service in grade of an officer promoted to the grade of rear admiral before August 7, 1947, and for any officer whose lineal position was adjusted in the grade of rear admiral or who was assigned a new running mate in that grade is computed from his date of rank in the grade of rear admiral. § 6373.
Regular Marine Corps; major generals: retention on active list; retirement (a) Except as provided in subsections (b) and (c), each officer serving in the grade of major general on the active list of the Marine Corps shall be retired on June 30 of the fiscal year in which he first completes— (1) at least five years of service in the grade of major general; and (2) at least 35 years of total commissioned service as computed under section 6387 of this title. (b) An officer is not subject to retirement under this section while serving as Commandant of the Marine Corps. (c) Each officer who would otherwise be retired under this section shall be retained on the active list if recommended for retention in the approved report of a board convened under section 5709 of this title. An officer so retained, if not retired under another provision of law, shall continue on the active list until June 30 of any succeeding fiscal year in which— (1) he is not again recommended for retention in the approved report of such a board; or
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