390
Navy.
PUBLIC LAW 86-616-JULY 12, 1960
[74 S T A T.
" (b) Each officer removed from the active list of the Kegular Army under this chapter shall— "(1) if on the date of removal he is eligible for voluntary retirement under any law, be retired in the grade and with the pay for which he would be eligible if retired at his request; or "(2) if on that date he is ineligible for voluntary retirement under any law, be discharged in the grade then held with severance pay computed by multiplying his years of active commissioned service, but not more than 12, by one month's basic pay of that grade. "(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 disregarded. "§ 3797. Officers eligible to serve on boards " (a) No officer may serve on a board under this chapter unless he is senior in regular grade to, and outranks, any officer considered by that board. "(b) No person may be a member of more than one board convened under this chapter for the same officer." (b) The analysis of subtitle B and the analysis of part II of subtitle B are each amended by inserting the following new item: "360. Separation From Regular Army for Moral or Professional Dereliction or in Interests of National Security 3791". SEC. 4. Section 3913 of title 10, United States Code, is amended— (1) by amending subsection (a) to read as follows: " (a) A deferred officer who is not recommended for promotion under section 3303(c) of this title, or an officer who is found disqualified for promotion under section 3302(f) of this title, shall, if he has at least 20 years of service computed under section 3927(a) of this title, be retired, except as provided by section 47a of title 5, on such date as may be requested by him and approved under regulations to be prescribed by the Secretary of the Army, but not later than the first day of the seventh calendar month after the Secretary approves the report of the last board that did not recommend him for promotion to the grade concerned."; and (2) by amending subsection (b) by striking out the words "so entitled to retire" and inserting the words "the date he completes 20 years of service computed under section 3927(a) of this title, or the first day of the seventh calendar month after the Secretary approves the report of the last board that did not recommend him for promotion to the grade concerned, whichever is later" in place thereof. SEC. 5. Chapter 673 of title 10, United States Code, is amended—(1) by adding the following new sentence at the end of each of subsections (a) and (b) of section 6382: "However, if he so requests, he may be honorably discharged at any time during that fiscal year."; (2) by adding the following new sentence at the end of each of subsections (d) and (e) of section 6383: "However, if he so requests, he may be honorably discharged at any time during that fiscal year."; (3) by inserting the words "or, in the discretion of the Secretary of the Navy, on any earlier date if the officer so requests" after the words "his name is so reported" in section 6384(b); (4) by adding the following new sentence at the end of section 6401(a): "However, if she so requests, she may be honorably discharged at any time during that fiscal year."; and (5) by adding the following new sentence at the end of section 6402(a): "Howeverj if she so requests, she may be honorably discharged at any time during that fiscal year."
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