Page:United States Statutes at Large Volume 70A.djvu/81

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(1) if he has more than 20 years of active service that could be credited to him under section 311 of title 37 on (A) the date when the Secretary concerned approves the report of the board under section 560(g) of this title, (B) the date when his name was removed from the recommended list under section 562(a) of this title, or (C) the date prescribed by the Secretary concerned under section 557(b) of this title, whichever applies, be retired 60 days after that date, except as provided by section 47a of title 5, with retired pay computed under section 1401 of this title; (2) if he has at least 18 but not more than 20 years of such active service on (A) the date when the Secretary concerned approves the report of the board under section 560(g) of this title, (B) the date when his name was removed from the recommended list under section 562(a) of this title, or (C) the date prescribed by the Secretary concerned under section 557(b) of this title, whichever applies, be retired 60 days after the date upon which he completes 20 years of active service, except as provided by section 47a of title 5, with retired pay computed under section 1401 of this title, unless he is selected for promotion to the next higher permanent regular grade before that date; or (3) if he has less than 18 years of such active service on (A) the date when the Secretary concerned approves the report of the board under section 560(g) of this title, (B) the date when his name was removed from the recommended list under section 562 (a) of this title, or (C) the date prescribed by the Secretary concerned under section 557(b) of this title, whichever applies, be separated 60 days after that date with severance pay computed under section 1167 of this title, unless— (A) upon his request and in the discretion of the Secretary concerned, he is enlisted in the grade prescribed by the Secretary; or (B) he is serving on active duty in a grade above chief warrant officer, W-4, and elects, with the consent of the Secretary concerned, to remain on active duty in that status. (b) The Secretary concerned may defer, for not more than four months, the retirement or separation under this section of any warrant officer if, because of unavoidable circumstances, evaluation of his physical condition and determination of his entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the date when he would otherwise be required to retire or be separated under this section. (c) The Secretary concerned may defer, until such date as he prescribes, the retirement under subsection (a) of a warrant officer who is serving on active duty as a commissioned officer and who elects to continue to so serve. (d) If a warrant officer who also holds a grade above chief warrant officer, W-4, is retired or separated under subsection (a), his commission in the higher grade shall be terminated on the date when he is so retired or separated. 81013 0—56

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