Page:United States Statutes at Large Volume 52.djvu/1224

 52 STAT.] 75TH CONG. , 3D SESS. -CH. 690-JUNE 25, 1938 and if upon such examination they are found not physically qualified for active service they shall be honorably discharged or, within the discretion of the Secretary of the Navy, placed on the honorary retired list provided for in section 309 of this title: Provided, That in determining an officer's qualifications for active service, due con- sideration shall be given to the character of the duty to be assigned him in the event of war or national emergency and, in the discretion of the Secretary of the Navy, to his age in grade. The Secretary of the Navy may, in his discretion, discharge or place an officer of the Naval Reserve on the honorary retired list on account of age in grade when such officer has attained the age of forty years if in the grade of ensign or lieutenant (junior grade), forty-six years if in the grade of lieutenant, fifty-two years if in the grade of lieutenant commander, or fifty-eight years if in the grade of commander. SEC. 309. An honorary retired list for the Naval Reserve is hereby established and officers and enlisted men of the Naval Reserve shall be placed on this retired list of the Naval Reserve without pay or allowances, upon reaching the age of sixty-four years, or upon their own request, after thirty years' service in the Naval Reserve, except as otherwise provided in this Act: Provided, That service in the Army, Navy, Marine Corps, Coast Guard, Naval Auxiliary Service, Naval Reserve Force, Naval Militia, National Naval Volunteers, Naval Reserve, Marine Corps Reserve Force, and Marine Corps Reserve shall be counted as service in the Naval Reserve under the provisions of this section: Provided further, That Naval Reservists who have been specially commended for their performance of duty in actual combat with the enemy by the head of the executive depart- ment under whose jurisdiction such duty was performed, shall, when placed upon the honorary retired list, be advanced to the next higher grade. SEC. 310. Officers and men of the honorary retired list created by section 309 of this title, who have performed a total of not less than thirty years' active service in the Army, Navy, Marine Corps Coast Guard, Naval Auxiliary Service, Naval Reserve Force, Naval Militia in Federal status, National Naval Volunteers, Naval Reserve, Marine Corps Reserve Force, and Marine Corps Reserve, or who have had not less than twenty years' such active service, the last ten years of which shall have been performed during the eleven years immediately pre- ceding their transfer to the Honorary Retired List of the Naval Reserve created by section 309 of this title or to the honorary retired list in existence on the date of approval of this Act, shall, except while on active duty, be entitled to pay at the rate of 50 per centum of their active-duty rate of pay as prescribed in section 7, title I, of this Act: Provided, That the pay of members of the honorary retired list prescribed by this section shall be paid from the appropriations made for the maintenance of the Naval' Reserve. SEC. 311. In time of peace, officers of the Naval Reserve shall take precedence according to such regulations as the Secretary of the Navy may prescribe: Provided, That when mobilized with the Regular Navy for war or a national emergency, each officer of the Naval Reserve shall take precedence next after that officer of the Regular Navy of the same rank or grade whose length of service in such rank or grade on the date of such mobilization is one-half or the nearest one-half of that of the Reserve officer. SEC. 312. In time of war or national emergency, officers of the active list of the Naval Reserve or the Marine Corps Reserve employed on active duty shall be advanced in their respective corps in grade and rank in the same manner as is or may be prescribed for officers of the Regular Navy or the Marine Corps, respectively, in such numbers for 1183 Proviso. Determination of qualifications for active service. Retirement on ac- count of age in grade. Honorary retired list, establishment. Retirement for age or length of service. Provisos. Service included in computing retirement eligibility. Reservists specially commended for duty in actual combat with the enemy. Officers and men of the honorary retired list having prescribed active service, pay. Ante, p. 1176. Proviso. Appropriations made available. Peacetime preced- ence of officers of Naval Reserve. Proviso. Precedence when mobilized, etc. Advancement In time of war.

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