76
STAT.]
PUBLIC LAW 87-651-SEPT. 7, 1962
- §687. Non-Regulars: readjustment payment upon involuntary
release from active duty " (a) Except for members covered by subsection (b), a member of a reserve component or a member of the Army or the Air Force without component who is released from active duty involuntarily, or because he was not accepted for an additional tour of active duty for which he volunteered after he had completed a tour of active duty, and who has completed, immediately before his release, at least five years of continuous active duty as a commissioned officer, warrant officer, or enlisted member, is entitled to a readjustment payment computed by multiplying his years of active service, but not more than 18, by onehalf of one month's basic pay of the grade in which he is serving at the time of his release. For the purposes of this subsection— " (1) a period of active duty is continuous if it is not interrupted by a break in service of more than 30 days; "(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; and "(3) a period for which the member concerned has received severance pay under another provision of law may not be included. " (b) Subsection (a) does not apply to— "(1) a member who is released from active duty at his request; "(2) a member who is released from active duty for training; "(3) under regulations to be prescribed by the Secretary of Defense, or by the Secretary of the Treasury with respect to the Coast Guard when it is not operating as a service in the Navy, a member who is released from active duty because of moral or professional dereliction; "(4) a member who, upon release from active duty, is immediately eligible for retired pay or retainer pay based entirely on his military service; "(5) a member who, upon release from active duty, is immediately eligible for severance pay based on his military service and who elects to receive that severance pay; or "(6) a member who, upon release from active duty, is immediately eligible for disability compensation under a law administered by the Veterans' Administration and who elects to receive that disability compensation. However, this subsection does not prevent a member who elects to receive a readjustment payment under this section from becoming entitled to disability compensation based on his service performed after he makes that election. "(c) A member to whom a readjustment payment is made under this section is not entitled to mustering-out pay under the MusteringOut Payment Act of 1944 (58 Stat. 8), the Veterans' Readjustment Assistance Act of 1952 (66 Stat. 663), or chapter 43 of title 38. If he 72 Stat. 1272, was paid mustering-out pay under one of those provisions before he ^^I^'u^^c^' became, entitled to a readjustment payment under this section, the 2105. amount of that mustering-out pay shall be deducted from the amount to which he is entitled under this section. " (d) Any readjustment payment to which a member becomes entitled under this se^ction shall be reduced by the amount of any previous payment made to him under this section that he has not repaid to the United States. If he has repaid that amount to the United States, the period covered by it shall be treated as a period for which a payment has not been made under this section.
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