Page:United States Statutes at Large Volume 63 Part 1.djvu/554

 516 PUBLIC LAWS-CH. 393-AUG. 4, 1949 [63 STAT. concerned shall retain his status in the Coast Guard to the same extent as if his case had not been considered by such Personnel Board. Except as hereinbefore provided, each recommendation of the Per- sonnel Board which is finally approved by the Commandant, together with the proceedings and findings of the Personnel Board, shall be transmitted to the Secretary for further review and if the Secretary shall disapprove any recommendation of the Personnel Board, the officer concerned shall retain his status in the Coast Guard to the same extent as if his case had not been considered by such Personnel Board. Each recommendation of the Personnel Board which is not disap- proved by the Secretary shall be laid before the President by the Secretary with his recommendation in the case. The President may, in any calendar year, pursuant to recommendations so laid before him: (1) place out of line of promotion such number of lieutenant commanders on the active list as the needs of the service require; (2) retire from active duty such number of commissioned of- ficers who have thirty or more years of service as the needs of the service require; and (3) retire from active duty any officer who has been placed out of line of promotion and who has ten years or more of com- missioned service. § 236. Pay and grade upon involuntary retirement after 30 years' service Any commissioned officer who has completed thirty years' service and who has been retired from active duty by the President pursuant to the action of a Personnel Board shall, unless entitled to retire at a higher grade or pay under other provisions of law, receive the re- tired pay of the grade with which retired. § 237. Pay and grade upon involuntary retirement after 10 years' service Any commissioned officer who has completed ten years' commis- sioned service and who has been retired from active duty by the Presi- dent pursuant to the action of a Personnel Board shall, unless entitled to retire at a higher grade or pay under other provisions of law, be retired in the permanent grade held at the time of such retirement, with retired pay of the grade with which retired. § 238. Voluntary retirement when out of line of promotion Any commissioned officer who, under regulations prescribed by the Secretary, is placed out of line of promotion, and who has completed ten years commissioned service, may, at his own request and with the approval of the Secretary, be retired from active service with the permanent grade held at the time of such retirement, with retired pay of the grade with which retired. § 239. Retirement in case of special commendation Any commissioned officer who has been specially commended for his performance of duty in actual combat prior to December 31, 1946 by the head of the executive department under whose jurisdiction the duty was performed, shall, upon retirement, be placed on the retired list one grade higher than the grade in which serving at the time of retirement, with 75 percent of the active-duty pay of the grade in which serving at the time of retirement and the grade in which serving at the time of retirement shall be construed to mean the highest grade in which so serving whether by virtue of permanent or temporary appoint- ment therein.

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