Page:United States Statutes at Large Volume 60 Part 1.djvu/1023

 PUBLIC LAWS-CH. 952-AUG. 10, 1946 Transfer to Enlisted Reserve Corps. Heroism in line of duty. Fractional part of year. Service to be cred- ited for retirement. Ante, p. 995. Service require- ments. Army. Retired pay. Ante, p. 996. Active Federal serv ice. "SEc. 4. Whenever any enlisted man of the Regular Army shall have completed a minimum of twenty but less than thirty years of active Federal service, he may, under such regulations as the Secre- tary of War shall prescribe, upon his own request be transferred to the Enlisted Reserve Corps and thereupon will be placed on the retired list of the Regular Army. An enlisted man so transferred and retired shall receive, except when on active duty, monthly retired pay at the rate of 21/2 per centum of the base and longevity pay of the enlisted grade held at the time he made application for retirement multiplied by the number of years of active Federal service, not to exceed thirty years. The retired pay authorized by this section shall be increased 10 per centum for any enlisted man who is credited with extraordinary heroism in line of duty: Provided,That the determina- tion of the Secretary of War as to extraordinary heroism for purposes of this section shall be final and conclusive for all purposes: Provided further, That the total retired pay (including the 10 per centum increase for extraordinary heroism) authorized by this section shall not in any case exceed 75 per centum of the total enlisted base and longevity pay such enlisted man was receiving at the time he made application for retirement: And provided further, That any frac- tional part of a year amounting to six months or more shall be counted as a complete year for the purpose of computing retired pay, but shall not be counted for the purpose of determining eligibility for retire- ment under this section." (b) The number of years of service to be credited in computing eligibility for retirement under this Act or any other Act providing for retirement of enlisted men of the Army shall include all active Federal service performed in the Army of the United States, the Navy, the Marine Corps, the Coast Guard, or any component thereof. (c) Any enlisted man retired under the provisions of section 4 of the Act approved October 6, 1945 (Public Law 190, Seventy-ninth Congress), shall, commencing the first day of the month following the effective date of this Act, receive retired pay computed as provided in section 6 of this Act. SEC. 7 . Any enlisted man who is transferred to the Enlisted Reserve Corps pursuant to the provisions of section 6 of this Act shall remain i mnember thereof until his active Federal military service performed prior to such transfer plus the period of his service in such corps equals thirty years, and while a member of such corps shall be subject to perform such periods of active duty as may now or hereafter be prescribed by law. SEa. 8 . (a) Each enlisted man of the Regular Army retired under the provisions of section 6 of this Act or the provisions of section 4 of the Act approved October 6, 1945 (Public Law 190, Seventy-ninth Congress), who performs or has performed active military service subsequent to retirement shall, upon relief from such active duty, receive retired pay on the same basis as received by him prior to his recall to active duty, or in the amount resulting from a recomputa- tion, as provided herein, whichever is the greater. Such recomputa- tion shall be made in the same manner as provided in section 6 of this Act on the basis of the enlisted grade held at the time of relief from active military service, or the enlisted grade in which originally retired, whichever is higher: Provided,That the service to be credited shall include periods of active Federal service subsequent to retire- ment: Provided further, That the retired pay shall not exceed 75 per centum of the enlisted base and longevity pay he was receiving in his active-duty status. (b) Each enlisted man of the Regular Army retired under the pro- visions of the Act of March 2, 1907 (34 Stat. 1217; 10 U. S. C. 947), 996 [60 STAT.

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