72
STAT.]
PUBLIC LAW 85-86 1 - S E P T. 2, 1958
(141) The analysis of chapter 565 is amended by striking out the following item: "6222. United States Marine Corps Band: composition; pay and allowances of leader and second leader." and inserting the following item in place thereof: "6222. United States Marine Band: composition; director; assistant director." (142) Section 6323 is amended to read as follows: "§6323. Officers: 20 years " (a) An officer of the Navy or the Marine Corps who applies for retirement after completing more than 20 years of active service, of which at least 10 years was service as a commissioned officer, may, in the discretion of the Prasident, be retired on the first day of any month designated by the President. " (b) For the purposes of this section— "• (1) an officer's years of active service are computed by adding all his active service in the armed forces; and " (2) his years of service as a commissioned officer are computed by adding all his active service in the armed forces under permanent or temporary appointments in grades above warrant officer, W - 1. "(c) Unless otherwise entitled to a higher grade, each officer retired under this section shall be retired— " (1) in the highest grade, permanent or temporary, in which he served satisfactorily on active duty as determined by the Secretary of the Navy; or "(2) if the Secretary determines that he did not serve satisfactorily in his highest temporary grade, in the next lower grade in which he has served, but not lower than his permanent grade. " (d) A warrant officer who retires under this section may elect to be placed on the retired list in the highest grade and with the highest retired pay to which he is entitled under any provision of this title. If the pay of that highest grade is less than the pay of any warrant grade satisfactorily held by him on active duty, his retired pay shall be based on the higher pay. "(e) Unless otherwise entitled to higher pay, an officer retired under this section is entitled to retired pay at the rate of 2^^ percent of the basic pay to which he would be entitled if serving on active duty in the grade in which retired multiplied by the number of years of service that may be credited to liim under section 1405 of this title, but the retired pay may not be more than 75 percent of the basic pay upon which the computation of retired pay is based. " (f) Officers of the Naval Reserve and the Marine Corps Reserve who were transferred to the Retired Reserve from an honorary retired list under section 213(b) of the Armed Forces Reserve Act of 1952 (66 Stat. 485), or are transferred to the Retired Reserve under section 6327 of this title, may be retired under this section, notwithstanding their retired status, if they are otherwise eligible." (143) Sections 6325(a) is amended by striking out the words ", 6322, or 6323" and inserting in place thereof the words "or 6322". (144) Chapter 573 is amended— (A) by inserting the following new section after section 6388: "§ 6389. Naval Reserve and Marine Corps Reserve; officers: elimination from active status; computation of total commissioned service " (a) Subject to section 1005 of this title, an officer in an active status in the Naval Reserve in the permanent grade of lieutenant or lieutenant (junior grade), and an officer in an active status in the Marine Corps Reserve in the permanent grade of captain or first lieu-
1509 lo u s e 6221.
'o use (3323.
so use 933. 10 USC 5327. 10 USC 5325.
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