Page:United States Statutes at Large Volume 62 Part 1.djvu/1112

 Application for dis- charge or retirement. Severance benefits. Inra. Notice to officer; rights. Ante, p. 1881. Removal by retire- ment; pay and grade. Honorable discharge with severance pay. Fractional year. Prior removals. 10U.S.C. ~ 571 note; Supp. I, § 571 note. Post, p. 1084. Ante, p. 1081. Notice. Report to Secretary. Restoration to ac- tive list. Determination of grade. PUBLIC LAWS-CH. 708-JUNE 29,1948 [62 STAT. from the active list shall be final and conclusive: Provided,That at any time prior to his removal from the active list the application of any officer for honorable discharge or voluntary retirement under this Act or any other provision of law may, if the applicant is otherwise quali- fied therefor, be granted by the cognizant Secretary: Provided further, That any officer discharged on his own application under the provisions of this section shall be granted severance benefits as pro- vided in section 106 (b). SEC. 105. Any officer who is under consideration for removal from the active list shall be furnished written notice of the pendency of any proceedings for his removal, shall be afforded reasonable time for the preparation of his defense, shall be allowed to appear in person or by counsel at proceedings before any Board of Inquiry or any Board of Review, and shall, at all stages of the proceedings, be allowed full access to and furnished copies of records relevant to his case. No person shall sit as a member of more than one of the boards convened under sections 102, 103, or 104, of this title in the consideration of the case of the same officer. SEC. 106. Each officer removed from the active list of the Regular Army or the Regular Air Force pursuant to this title shall- (a) if on the date of removal he is eligible for voluntary retire- ment under any provision of law then in effect, he shall be retired in the grade and with the retired pay to which he would be entitled if he were retired upon his own application; (b) if on the date of removal he is not eligible for voluntary retirement, be honorably discharged in the grade then held, with severance pay equal to one month's base and longevity pay, being received at the date of such removal, multiplied by the number of years of his active Federal commissioned service: Provided, That the total severance pay shall not exceed one year's base and longevity pay so computed: Provided further, That a fractional part of a year amounting to six months or more shall be counted as a complete year for the purpose of computing amount of severance pay only. SEC. 107. (a) Immediately following the enactment of this Act, the Secretary of the Army and the Secretary of the Air Force, for their respective services, shall transmit the records of all proceedings in the case of each person heretofore removed from the active list of the Regular Army or the Regular Air Force, as the case may be, pursuant to the provisions of section 2 of the joint resolution of July 29, 1941 (55 Stat. 606), to a Board of Review convened under section 104 of this title. Each person so removed shall be notified of the reference of his case to such Board of Review, and shall be accorded opportunity to appear before the board in person or by counsel. After full and fair consideration of all the facts and circumstances of each such case as they existed at the time of removal, the board shall transmit to the Secretary of the Army or to the Secretary of the Air Force, as appropriate, a report thereon containing its findings of fact, its conclu- sion on the question whether such removal was justified, and its recommendation on the question whether the officer affected should be restored to the active list pursuant to the provisions of this section. (b) In each such case in which the Secretary of the Army or the Secretary of the Air Force approves a recommendation for the restora- tion of any person to the active list of the Regular Army or the Regular Air Force, he shall transmit the record of proceedings to the President, who is authorized and requested to appoint such person, by and with the advice and consent of the Senate, as a commissioned officer on the active list of the Regular Army or the Regular Air Force as the case may be, in a grade determined by the following schedule: Officers with

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