402
402 (e) For the purpose of this section, an ojQGlcer'service in the grade of brigadier general 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 brigadier general before August 7, 1947, is computed from the date of his appointment in that grade. § 6376. Regular Navy, line captains not restricted in performance of duty; Regular Marine Corps, colonels not restricted in performance of duty: retirement for length of service Each officer not restricted in the performance of duty serving in the grade of captain on the active list in the line of the Navy and each officer not restricted in the performance of duty serving in the grade of colonel on the active list of the Marine Corps shall, subject to section 5777 of this title, be retired on June 30 of the fiscal year in which he completes— (1) 30 years of total commissioned service as computed under section 6387 of this title, if he is not on a promotion list and is considered as having twice failed of selection for promotion to the grade of rear admiral or brigadier general; or (2) 31 years of total commissioned service as computed under section 6387 of this title, if he is not on a promotion list. However, an officer who has lost numbers or precedence may not be retired because of completing 31 years of total commissioned service until June 30 of the fiscal year in which he completes five years of service in the grade of captain in the Navy or colonel in the Marine Corps. For the purpose of this section, an officer promoted to the grade of captain in the Navy or colonel in the Marine Corps after August 6, 1947, is credited with service in that grade from the date of his eligibility for promotion to the grade of captain or colonel. § 6377. Regular Navy, line captains restricted in performance of duty and staff corps captains; Regular Marine Corps, colonels designated for supply duty: retirement for length of service (a) If not on a promotion list and if not continued on the active list under section 6378 of this title, each officer restricted in the performance of duty serving in the grade of captain on the active list in the line of the Navy and each officer designated for supply duty serving in the grade of colonel on the active list of the Marine Corps shall, subject to section 5777 of this title, be retired on June 30 of the fiscal year in which he completes 31 years of total commissioned service as computed under section 6387 of this title. (b) If not on a promotion list and if not continued on the active list under section 6378 of this title, each officer serving in the grade of captain on the active list of the Navy in any staff corps except the Medical Service Corps shall, subject to section 5777 of this title, be retired on June 30 of the fiscal year in which he completes— (1) 30 years of total commissioned service as computed under section 6388 of this title and is considered as having twice failed of selection for promotion to the grade of rear admiral; or (2) 31 years of total commissioned service as computed under section 6388 of this title.
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