Page:United States Statutes at Large Volume 70A.djvu/681

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623

623 W - 1, or above, whose name is reported under this section shall, except as otherwise provided in this section, be honorably discharged on the first day of the fourth month following that in which his name is so reported. "(c) A n officer who is under consideration for or undergoing disciplinary action may not be discharged under this section before the final disposition of his case. Thereafter, he shall be separated from the Coast Guard either under this section or under another provision of law, in the discretion of the Secretary. " (d) An officer holding a permanent appointment as a warrant officer and temporarily appointed to a higher grade, whose name is reported under this section, has the option, instead of being discharged under this section, of reverting to the grade and status he would hold if he had not been so temporarily appointed or promoted. " (e) I n a computation to determine the grade and status to which an officer may revert under this section, all active service as a temporary or reserve officer is included. " (f) An officer discharged under this section is entitled to a lumpsum payment equal to two months' basic pay at the time of discharge multiplied by the number of years of commissioned service, but the payment may not be more than one year's basic pay." "§438.

Laws not applicable to warrant officers of former Life Saving Service, Lighthouse Service, Bureau of Marine Inspection and Navigation, and Bureau of Customs "Sections 101, 515, 555-557, 559-565, 597-599, 745, 1164-1167, 1255,. 1263, 1293, 1371, and 1401 of title 10, and section 438 of this title, do not affect any right, privilege, or benefit provided for warrant officers by section 431,432, or 433 of this title." (b) The analysis of chapter 11, title 14, United States Code, is amended by adding the following items at the end thereof: "43.^. Temporary appointments in time of war or national emergency. "436. Temporary promotions in time of war or national emergency. "437. OflScers having less than 20 years' service; discharge during war or emergency for unsatisfactory performance of duty. "438. Laws not applicable to warrant officers of former Life Saving Service^ Lighthouse Service, Bureau of Marine Inspection and Navigation, and Bureau of Customs."

SEC. 10. (a) Title 14, United States Code, is amended by inserting the following new section after section 462: "§462a.

Retired rear admirals; active duty pay and retired pay after two years of active duty "An officer holding a permanent appointment in the grade of rear admiral on the retired list who is entitled to the pay of the lower half of that grade, and who, in time of war or national emergency, serves satisfactorily on active duty for two years in that grade or in a higher grade, is entitled— " (1) when on active duty, to the basic pay and allowances of a rear admiral of the upper half; and " (2) when not on active duty, to retired pay equal to 75 percent of the basic pay of a rear admiral of the upper half."