Page:United States Statutes at Large Volume 70A.djvu/465

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407

407 § 6384. Regular Navy and Regular Marine Corps; officers having less than 20 years of service: discharge for unsatisfactory performance of duty; severance pay; reversion of limited duty officers to prior status (a) Each selection board convened under chapter 543 of this title to reconnnend officers for promotion shall report, from among those officers eligible for consideration, the name of each officer with less than 20 years of service whose record, in the opinion of the board, indicates his unsatisfactory performance of duty in his present grade, and, in the opinion of the board, indicates that he would not satisfactorily perform the duties of a higher grade. (b) Each officer on the active list of the Navy or the Marine Corps whose name is reported under this section shall, subject to subsection (d), be honorably discharged from the naval service on June 30 of the fiscal year in which his name is so reported, with a lump-sum payment computed on the basis of two months' basic pay received at the time of discharge multiplied by the number of years of service, but the payment may not be more than two years' basic pay. The acceptance of a lump-sum payment under this section does not deprive a person of any retirement benefits from the United States. However, there shall be deducted from each of his retirement payments so much thereof as is based on the service for which he has received payment under this section, unless the total deductions equal the amount of the lump-sum payments. (c) The years of service that are counted under subsection (b) are— (1) for a male line officer of the Navy or a male officer of the Marine Corps, his years of total commissioned service as computed under section 6387 of this title; (2) for a staff corps officer, other than a woman officer appointed under section 5590 of this title and other than an officer in the Nurse Corps, his years of total commissioned service as computed under section 6388 of this title; (3) for an officer serving in the grade of lieutenant (junior grade) in the Nurse Corps, her years of total commissioned service as computed under section 6388 of this title; (4) for an officer serving in a grade above lieutenant (junior grade) in the Nurse Corps, her years of active service as computed under section 6396 of this title: and (5) for a woman officer appointed under section 5590 of this title, her years of active commissioned service in the Navy or the Marine Corps. (d) Each officer designated for limited duty whose name is reported under this section has the option of reverting to a lower grade instead of being discharged. Any such officer who had the permanent status of a warrant officer when first appointed as an officer designated for limited duty may revert to the grade and status he would hold if he had not been so appointed. Any such officer who had a permanent grade below the grade of warrant officer, W - 1, when first appointed 81913 O—56

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