405
405 (b) The retired pay under this section of an officer commissioned in the Regular Navy or the Regular Marine Corps under the Act of April 18, 1946, ch. 141 (60 Stat. 92), or commissioned in the Regular Navy or the Regular Marine Corps after September 8, 1939, while serving on active duty as an officer in the Naval Reserve or the Marine Corps Reserve, may not be less than 50 percent of the basic pay upon which the computation of retired p\iy is based. § 6382. Regular Navy, lieutenants and lieutenants (junior g r a d e); Regular Marine Corps, captains and first lieut e n a n t s: discharge for failures of selection for promotion; severance pay (a) Each officer on the active list of the Navy serving in the grade of lieutenant, except an officer in the Nurse Corps, and each officer on the active list of the Marine Corps serving in the grade of captain shall be honorably discharged on June 30 of the fiscal year in which he is considered as having failed of selection for promotion to the grade of lieutenant commander or major for the second time. (b) Each officer on the active list of the Navy serving in the grade of lieutenant (junior grade) and each officer on the active list of the Marine Corps serving in the grade of first lieutenant shall be honorably discharged on June 30 of the fiscal year in which he is considered as having failed of selection for promotion to the grade of lieutenant or captain for the second time. (c) Each 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 total commissioned service as computed under section 6387 or 6388 of this title, but the payment may not be more than two years' basic pay. The acceptance of a lump-sum payment under this section does not deprive a person of any retirement benefits from the United States. However, there shall be deducted from each of his retirement payments so much thereof as is based on the service for which he has received payment under this section until the total deducted equals the amount of lump-sum payment. (d) This section does not apply to women officers appointed under section 5590 of this title or to officers designated for limited duty. § 6383. Regular Navy and Regular Marine Corps; officers designated for limited d u t y: retirement for length of service or failures of selection for promotion; discharge for failures of selection for promotion; reversion to prior s t a t u s; retired g r a d e; retired or severance pay (a) Each officer designated for limited duty on the active list of the Navy or the Marine Corps shall be retired on the last day of the month following the month in which he completes 30 years of active naval service, exclusive of active duty for training in a reserve component. (b) Each officer designated for limited duty on the active list of the Navy serving in the grade of lieutenant commander and each officer designated for limited duty on the active list of the Marine Corps serving in the grade of major shall be retired on June 30 of the fiscal year in which he is considered as having failed of selection for promotion to the grade of commander or lieutenant colonel for the second time.
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