Page:United States Statutes at Large Volume 70A.djvu/443

385 385 authorized travel to or from such duty or training, is considered to^ be performing active military or naval service. § 6149. Retired p a y: computed on basis of r a t e s of pay for officers on the active list Except for officers whose retired pay is computed under the Pay Readjustment Act of 1942 (56 Stat. 359), the retired pay of each retired officer of the Navy or the Marine Corps shall be computed on the basis of rates of pay provided by law, at the time of his retirement, for officers on the active list. If after the retirement of any such officer the rates of pay for officers on the active list are changed, the retired pay to which the officer is entitled shall be recomputed on the basis of the new rates. §6150. Higher retired grade for officers specially commended (a) Each officer of the Navy or the Marine Corps who has been specially commended for performance of duty before January 1, 1947, in actual combat, by the head of the military or executive department under whose jurisdiction the duty was performed, shall, after his retirement, or transfer to the Retired Reserve, be advanced to the grade next higher than that in which he was serving at the time of his retirement or transfer to the Retired Reserve, be advanced to the officer on a promotion list who is retired for physical disability. (b) An officer retired before August 7, 1947, who is advanced under subsection (a) is entitled to the higher grade from August 7, 1947. (c) The retired pay of an officer advanced in grade under this section is not increased or decreased by that advancement. § 6151.

Higher retired g r a d e and pay for members temporarily appointed or promoted during World W a r II (a) Each member, other than a retired member, of the Navy or the Marine Corps who was appointed or promoted under the Act of July 24, 1941, ch.,320 (55 Stat. 603), as amended, shall, when retired, unless entitled to a higher grade, be advanced on the retired list to the highest grade in which he served satisfactorily before July 1, 1946, as determined by the Secretary of the Navy or, if he was a prisoner of war during World W a r II, the highest grade to which he was appointed or promoted under the Act of July 24, 1941, ch. 320 (55 Stat. 603), as amended, and in which he served satisfactorily as determined by the Secretary. (b) Each member, other than a former member of the Fleet Reserve or the Fleet Marine Corps Reserve, who is advanced on the retired list under this section is, unless otherwise entitled to higher retired pay, entitled to retired pay at the rate of 2i/^ percent of the basic pay to which he would be entitled if serving on active duty in the grade to which advanced multiplied by the number of years of service creditable for basic pay, but the retired pay may not be more than 75 percent of the basic pay upon which the computation of retired pay is based. I n determining the number of years to be used as a multiplier under this subsection, a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded. (c) Each former member of the Fleet Reserve or the Fleet Marine Corps Reserve who is advanced on the retired list under this section

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