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PUBLIC LAW 86-616-JULY 12, 1960
[74 S T A T.
" (b) E a c h officer removed from the active list of the E e g u l a r Army under this chapter shall— " (1) if on the date of removal he is eligible for voluntary retirement under any law, be r e t i r e d i n the g r a d e and w i t h the p a y for which he would be eligible if r e t i r e d at h i s r e q u e s t; or " (2) if on that date h e is ineligible for voluntary retirement under any law, be h o n o r a b l y d i s c h a r g e d in the g r a d e the n held w i t h severance p a y c o m p u t e d by m u l t i p l y i n g h i s year s of active commissioned service, b u t not more than 12, by one month ' s basic p a y of that g r a d e. " (c) For the purposes of subsection (b)(2), a part of a year that is six months or more is counted as a whole year, and a part of a year that is less than six months is d i s r e g a r d e d. "§ 3787. OflScers eligible to serve on boards " (a) N o officer may serve on a b o a r d under t h i s chapter unless he iiolds a regular or temporary g r a d e above l i e u t e n a n t colonel, and is senior in regular g r a d e to, and o u t r a n k s, any officer considered by that board. " (b) N o person may be a membter of more than one b o a r d convened under this chapter for the s a m e officer." (b) The analysis of subtitle B and the analysis of part II of subtitle B a r e each amended by striking out the following item: "359. Separation from Regular Army for Failure to Meet Standards 3781" and inserting the following item i n place the r e o f: "359. Separation from Regular Army for Substandard Performance of Duty 3781" (c) The amendments m a d e by t h i s section do not a p p l y to any p r o ceedings b e g u n under chapter 359 of title 10, United States Code, before the e n a c t m e n t of t h i s section. SEC. 3. (a) S u b title B of title 10, United States Code, is amended by inserting the following new chapter after chapter 3 5 9: "CHAPTER 360.—SEPARATION FROM REGULAR ARMY FOR MORAL OR PROFESSIONAL DERELICTION OR IN INTERESTS OF NATIONAL SECURITY "Sec.
"3791. "3792. "3793. "3794.
Selection boards: composition; duties. Boards of inquiry: composition; duties. Boards of review: composition; duties. Removal of officer: action by Secretary of the Army upon recommendation. "3795. Rights and procedures. "3796. Officers considered for removal: retirement or discharge. "3797. Officers eligible to serve on boards. "§ 3791. Selection boards: composition; duties " The Secretary of the Army may a t any t i m e convene a b o a r d of g e n e r a l officers to review the record of any commissioned officer on the active list of the Regular Army to determine w h e the r h e shall be required, because of m o r a l dereliction, professional dereliction, or because his r e t e n t i o n is not clearly consistent w i t h the interests of national security, to show cause for his r e t e n t i o n on the active list. "§ 3792. Boards of inquiry: composition; duties " (a) B o a r d s of i n q u i r y, each composed of t h r e e o r more general officers, shall be convened a t such places as the Secretary of the Army may prescribe, to receive evidence and m a k e findings and recomm e n d a t i o n s w h e the r a n officer, required to show cause under section 3791 of t h i s title, shall be r e t a i n e d on the active list of the E e g u l a r Army.
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