77 STAT. ]
PUBLIC LAW 88-130-SEPT. 24, 1963
whose case is under consideration shall, to the extent that the national security permits, be furnished a summary of the records so withheld. "§ 326. Removal of officer from active duty; action by Secretary "The Secretary may remove an officer from active duty if his removal is recommended by a board of review under section 323 of this title. The Secretary's action in such a case is final and conclusive. "§ 327. Officers considered for removal; retirement or discharge; severance benefits " (a) At any time during proceedings under section 322 or 323, and before the removal of an officer, the Secretary may grant a request— "(1) for voluntary retirement, if the officer is otherwise qualified therefor; or "(2) for honorable discharge with severance benefits under subsection (b) in those cases arising under clause (1) of section 321; or "(3) for discharge with severance benefits under subsection (b) in those cases arising under clause (2) of section 321. "(b) Each officer removed from active duty under section 326 of this title shall— "(1) if on the date of removal the officer is eligible for voluntary retirement under any law, be retired in the grade and with the pay for which he would be eligible if retired at his request; or "(2) if on that date the officer is ineligible for voluntary retirement under any law, be honorably discharged in the grade then held with severance pay computed by multiplying his years of active commissioned service, but not more than twelve, by one month's basic pay of that grade, in those cases arising under clause (1) of section 321; or "(3) if on that date the officer is ineligible for voluntary retirement under any law, be discharged in the grade then held with severance pay computed by multiplying his years of active commissioned service, but not more than twelve, by one month's basic pay of that grade, in those cases arising under clause (2) of section 321.
- T. Miscellaneous Provisions
- §331. Recall to active duty during war or national emergency
" I n time of war or national emergency, the Secretary may order any regular officer on the retired list to active duty. "§ 332. Recall to active duty with consent of officer " (a) Any regular officer on the retired list may, with his consent, be assigned to such duties as he may be able to perform but no officer on the retired list who has reached the age of sixty-two years shall be recalled in time of peace. "(b) The number of retired officers on active duty in the grade of lieutenant commander, commander, or captain shall not exceed 1 percent of the authorized number of officers on active duty in each such grade. "§ 333. Relief of retired officer promoted while on active duty "Any regular officer on the retired list recalled to active duty who during such active duty is advanced to a higher grade under an appointment shall, upon relief from active duty, if his performance of duty under such appointment has been satisfactory, be advanced on the retired list to the highest grade held while on such active duty.
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