Page:United States Statutes at Large Volume 70A.djvu/471

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413

413 §6396.

Regular Navy; officers in Nurse Corps: retirement for age or length of service; retired grade and pay (a) An officer on the active list of the Navy serving in the grade of commander or lieutenant commander in the Nurse Corps may be retired by the Secretary of the Navy on the first day of any month following that in which she becomes 55 years of age or completes 20 years of service, whichever is later. (b) A n officer on the active list of the Navy serving in a grade below lieutenant commander in the Nurse Corps may be retired by the Secretary on the first day of any month following that in whicn she becomes 50 years of age or completes 20 years of service, whichever is later. (c) For the purpose of determining the eligibility of an officer for retirement under this section, her years of service are computed by adding all her active service— (1) under an appointment or contract in the Nurse Corps of the Army or the Navy; (2) as a commissioned officer in the Nurse Corps of the Army or the Navy, or as a commissioned officer of the Air Force designated as an Air Force Nurse; and (3) in the Nurse Corps or the Nurse Corps Reserve abolished by the Army-Navy Nurses Act of 1947 (61 Stat. 41). (d) Each officer retired under this section shall be retired— (1) in the highest grade satisfactorily held by her on active duty as determined by the Secretary, but not lower than her permanent grade; and (2) with retired pay at the rate of 2i/2 percent of the basic pay to which she would be entitled if serving on active duty in the grade in which retired multiplied by the number of years of service creditable for basic pay, but the retired pay may not be more than 75 percent of the basic pay upon which the computation of retired pay is based. §6398.

Regular Navy, women commanders; Regular Marine Corps, women lieutenant colonels: retirement for age or length of service; retired grade and pay (a) Each women officer on the active list of the Navy, appointed under section 5590 of this title, who holds a permanent appointment in the grade of commander and each woman officer on the active list of the Marine Corps who holds a permanent appointment in the grade of lieutenant colonel shall be retired by the President on the first day of the month following that in which she— (1) becomes 55 years of age; or (2) completes 30 years active commissioned service in the Navy or in the Marine Corps; whichever is earlier. (b) Each officer retired under this section— (1) unless otherwise entitled to a higher grade, shall be retired in the permanent grade held by her at the time of retirement; and (2) is entitled to retired pay at the rate of 21/2 percent of the basic pay to which she would be entitled if serving on active duty in the grade in which retired multiplied by the number of years of service creditable for basic pay, but the retired pay may