Page:United States Statutes at Large Volume 54 Part 1.djvu/415

 54 STAT.] 76TH CONG., 3D SESS.-CH. 344 -JUNE 13, 1940 years of age or over shall be retired, and thereafter all brigadier generals of the line shall be retired at the age of sixty-two years and all promotion-list officers shall be retired at the age of sixty years, except that all officers in the grade of general officer whose names are carried on the promotion list are exempted from the operation of this proviso and in addition thereto the Secretary of War may, in his dis- cretion, exempt from the operation of this proviso such number of colonels as will result in there being on active duty at any time a number of colonels who would otherwise be retired not greater than 5 per centum of the total number of colonels then on the promotion list, but such exemption shall terminate in each case when the officer reaches the age of sixty-two, or sooner in the discretion of the Secre- tary of War, and colonels so exempted shall be included within the authorized number of promotion-list colonels: Provided further, That any promotion-list officer retired for any reason except by operation of section 24b, National Defense Act, or wholly retired, who has completed twenty-eight or more years of continuous commissioned service in the Regular Army and who has failed to reach the grade of colonel by reason of the limitation on the number of promotion-list officers in the grade of colonel or by reason of the restriction of years of service in grade of major or lieutenant colonel shall be retired in the grade of colonel with retired pay computed as otherwise pro- vided by law for a colonel with the same length of service including all service now or hereafter credited for active-duty pay purposes, and any such officer who has completed more than twenty-three but less than twenty-eight years of continuous commissioned service in the Regular Army and who has failed to reach the grade of lieutenant colonel by reason of the restriction of years of service in grade of major shall be retired in the grade of lieutenant colonel with retired pay computed as otherwise provided by law for a lieutenant colonel with the same length of service including all service now or here- after credited for active-duty pay purposes: Provided further, That each promotion-list officer shall be assumed to have for retirement purposes, at least the same length of continuous commissioned serv- ice in the Regular Army as any officer junior to him on the promo- tion list: Provided further, That the number of years of service to be credited in computing the right to retirement and retirement pay in the case of officers retired by reason of having reached the age of sixty years or over shall include all service heretofore credited for retirement at age sixty-four: Provided further, That nothing in this Act shall operate to deprive any officer of the retired rank to which he is now entitled under the provisions of law: And provided further, That all officers retired under the provisions of this section shall be placed on the unlimited retired list." SEC. 4. That hereafter brigadier generals of the line shall be appointed from among officers of the line commissioned in grades not below that of lieutenant colonel who are credited with twenty- eight years' continuous commissioned service in the Regular Army as hereinbefore provided and whose names are borne on an eligible list prepared annually by a board of not less than five general officers of theline, not below the grade of major general; and hereafter appoint- ment as chief of any branch shall be made from among officers com- missioned in grades not below that of lieutenant colonel who are credited with twenty-eight years' continuous commissioned service in the Regular Army as hereinbefore provided, and who have demon- strated by actual and extended service in such branch or on similar duty that they are qualified for such appointment. 381 Exception. Retirements in grade of colonel and lieutenant colonel. 41 Stat. 773 . 10U.S.C. § 571. Continuous service assumed for retire- ment purposes. Service computa- tion of officers 60 years of age or over. Retention of retired rank. Officers on unlimit- ed retired list. Brigadier generals of the line, appoint- ment. Chiefs, service branches, appoint- ment.

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