Page:United States Statutes at Large Volume 72 Part 1.djvu/1529

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[72 Stat. 1487]
PUBLIC LAW 85-000—MMMM. DD, 1958
[72 Stat. 1487]

72 STAT.]

P U B L I C LAW

8 5 - 8 6 1 - S E P T. 2, 1958

1487

(95) The chapter analysis of subtitle B and the chapter analysis of part II of subtitle B are amended by striking out the following item: "363. Separation or Transfer to Retired Reserve. [No present sections]"

and inserting the following item in place thereof: "363. Separation or Transfer to Retired Reserve

3841".

(96) Section 3888 is amended to read as follows: lo use 3888.

    • § 3888. Computation of year s of service: mandatory retirement;

regular commissioned officers "For the purpose of computing the retired pay of a commissioned officer of the Regular Army retired under section 3883, 3884, 3885, or lo u s c 38833886 of this title, his years of service are the greatest of— ^^^^' "(1) the years of service that may be credited to him under section 1405 of this title; "(2) the years of service credited to him at the time of his original appointment in the Regular Army to determine his eligibility for promotion, except the constructive service credited to him under section 3287(a)(2)(A) or (B) or 3294 (b) of this title or under section 506(c) of the Officer Personnel Act of 1947 (61 Stat. 890), plus his years of active commissioned lo use soec. service in the Regular Army after that appointment; or "(3) his years of service computed under clause (A), (B), or (C), whichever applies, if any: " (A) For a reserve judge advocate appointed in the Regular Army in the grade of captain in the Judge Advocate General's Department under section 24e of the National Defense Act, as amended (53 Stat. 558)— 53 Stat. 557. " (i) his years of active commissioned service in the Army after becoming 21 years of age, after December 7, 1941, and before the date of that appointment; or "(ii) the number of days, months, and years by which his age at the time of that appointment exceeded 25 years; whichever is greater, plus his years of active commissioned service in the Regular Army after that appointment. " (B) For an officer appointed in the Regular Army, except in the Army Nurse Corps or Army Medical Specialist Corps, before December 31, 1947, other than an officer covered by clause (A) or appointed under the Act of December 28, 1945, ch. 601 (59 Stat. 663), the sum of— 10 USC 131. 142. " (i) his years of active commissioned service in the " ^ ' ^^^' Regular Army after that appointment; and "(ii) his years of active commissioned service in the Army after becoming 21 years of age and after December 7, 1941, under any earlier appointment. "(C) For an officer appointed in the Regular Army, except in the Army Nurse Corps or Army Medical Specialist Corps, after December 31, 1947, other than an officer appointed in the Women's Army Corps, Regular Army, under section 108 of the Women's Armed Services Integration Act of 1948 (62 Stat. 361), the sum of—

" (i) his years of active commissioned service in the Regular Army after that appointment; and "(ii) his years of active commissioned service in the Army after becoming 21 years of age and after December 31, 1947, under an earlier appointment." 98395-59-PT. 1-94

10 USC SSQO.