Page:United States Statutes at Large Volume 70A.djvu/453

395 395 cent of the basic pay upon which the computation of retired pay is based. (b) Each officer who is retired while serving in the grade of admiral, vice admiral, general, or lieutenant general by virtue of an appointment under section 5231 or 5232 of this title or who is retired while serving in a grade to which he was appointed under section 5597 of this title or promoted under section 5787 of this title— (1) unless otherwise entitled to a higher grade, shall be retired in the grade he would hold if he had not received such an appointment; and (2) unless otherwise entitled to higher pay, is entitled to retired pay at the rate of 21^ percent of the basic pay to which he would be entitled if serving on active duty in the grade he would hold if he had not received such an appointment 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. (c) A warrant officer who retires under section 6321, 6322, or 6323 of this title may elect to be placed on the retired list in the highest grade and with the highest retired pay to which he is entitled under any provision of this title. If the pay of that highest ^ a d e is less than the pay of any warrant grade satisfactorily held by him on active duty, his retired pay shall be based on the higher pay. § 6326. Enlisted members: 30 year s (a) Each enlisted member of the Regular Navy or the Regular Marine Corps who applies for retirement after completing 30 or more years of active service in the armed forces shall be retired by the President. (b) For the purpose of subsection (a), "enlisted member" includes a member of the Regular Navy or the Regular Marine Corps who holds a permanent enlisted grade and a temporary appointment in a commissioned or warrant officer grade. (c) Each person retired under this section— (1) unless otherwise entitled to a higher grade, shall be retired in the grade in which serving at the time of retirement; and (2) unless otherwise entitled to higher pay, is entitled to retired pay at the rate of 75 percent of the basic pay to which he would be entitled if serving on active duty in the grade in which retired. (d) For the purpose of subsection (c), a member who, at the time of retirement, was serving in a grade to which he was appointed under section 5597 or promoted under section 5787 of this title is considered as serving in the grade he would hold had he not been so appointed or promoted. § 6327.

Officers and enlisted members of the Naval Reserve and Marine Corps Reserve: 30 years; 20 years; retired pay

(a) A member of the Naval Reserve or the Marine Corps Reserve may be transferred to the Retired Reserve upon his request if he has completed— (1) at least 30 years of active service in the armed forces, other than active duty for training; or (2) at least 20 years of active service in the armed forces other than active duty for training, the last 10 of which he served in

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