72
STAT.]
PUBLIC LAW 85-86 1 - S E P T. 2, 1958
"(c) An officer who was initially appointed in the Naval Reserve or the Marine Corps Keserve before January 1, 1953, and who cannot complete 20 years of service computed under section 1332 of this title before he becomes 62 years of age, but can complete this service by the time he becomes (34 years of age, may be retained in an active status not later than the date he becomes 64 years of age."; (C) by striking out section 6394(g) and inserting the following new subsections in place thereof: " (g) Unless otherwise entitled to a higher grade, each officer retired under this section shall be retired in— •*(1) the highest grade, permanent or temporary, in which he served satisfactorily on active duty as determined by the Secretary; or "(2) if the Secretary determines that he did not serve satisfactorily in his highest grade, the next lower grade in which he has served, but not lower than his permanent grade. " (h) Unless otherwise entitled to higher pay, an officer retired under this section is entitled to retired pay at the rate of 2V^ 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 him 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."; (D) by inserting the following new section after section 6396: § 6397. Naval Reserve; officers in the Nurse Corps; elimination from active s t a t u s " (a) An officer of the Naval Reserve in any grade in the Nurse Corps may be eliminated from an active status under the conditions prescribed by this chapter for the separation from the active list of an officer on the active list of the Navy in the same grade in the Nurse Corps. " (b) An officer who is to be eliminated from an active status under this section shall, if qualified, be given an opportunity to request transfer to the Retired Reserve and, if he requests it, shall be so transferred. If he is not transferred to the Retired Reserve, he shall, in the discretion of the Secretary of the Navy, be transferred to the inactive status list or be discharged from the Naval Reserve. "(c) An officer may be eliminated from an active status under this section, only upon the recommendation of a board appointed by the Secretary and convened at such times as he directs."; (E) by inserting the following new section after section 6402: ^§6403. Naval Reserve and Marine Corps Reserve; women officers: elimination from active status " (a) A woman officer in any grade in the Naval Reserve, other than an officer in the Nurse Corps or an officer appointed under section 5581 of this title, may, in the aiscretion of the Secretary of the Navy, be eliminated from an active status under the conditions prescribed by this chapter for the retirement or discharge of a woman line officer in the same grade on the active list of the Navy, or at any time after those conditions are met. " (b) A woman officer in any grade in the Marine Corps Reserve may, in the discretion of the Secretary, be eliminated from an active status under the conditions prescribed by this chapter for the retirement or discharge of a woman officer in the same grade on the active list of the Marine Corps, or at any time after those conditions are met. "(c) For the purposes of subsections (a) and (b) all commissioned service is considered active commissioned service.
1511
lo use 6394.
10 USC 5402.
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