Page:United States Statutes at Large Volume 70A.djvu/454

396 396 the 11-year period immediately preceding his transfer to the Retired Reserve. (b) Each member who is transferred to the Retired Reserve under subsection (a) is entitled, when not on active duty, to retired pay at the rate of 50 percent of the basic pay to which he would be entitled if on active duty. (c) This section applies only to persons who were members of the Naval Reserve or the Marine Corps Reserve on January 1, 1953. (d) This section terminates on January 1, 1973. However, its termination will not affect any accrued rights to retired pay. (e) This section does not prevent a member from retiring under another provision if he is eligible therefor. § 6328. Treatment of fractions of years of service in computing retired pay I n determining the total number of years of service to be used as a multiplier in computing the retired pay of officers retired under this chapter, 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. § 6329. Officers not to be retired for misconduct No officer of the Navy or the Marine Corps may be retired because of misconduct for which trial by court-martial would be appropriate. §6330.

Enlisted members: transfer to Fleet Reserve and Fleet Marine Corps Reserve; retainer pay (a) The Fleet Reserve and the Fleet Marine Corps Reserve are composed of members of the Regular Navy and the Regular Marine Corps, resppctivelv, transferred thereto under— (1) Title II of the Naval Reserve Act of 1938 (52 Stat. 1178), as amended; or (2) this section. (b) An enlisted member of the Regular Navy who has completed 20 or more years of active service in the armed forces may, at his request, be transferred to the Fleet Reserve. An enlisted member of the Regular Marine Corps who has completed 20 or more years of active service in the armed forces may, at his request, be transferred to the Fleet Marine Corps Reserve. (c) Each member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section is entitled, when not on active duty, to retainer pay at the rate of 2i^ percent of the basic pay that he received at the time of transfer multiplied by the number of years of active service in the armed forces. A member may recompute his retainer pay under section 1402 of this title to reflect active duty after transfer. If the member has been credited by the Secretary of the Navy with extraordinary heroism in the line of duty, which determination by the Secretary is final and conclusive for all purposes, his retainer pay shall be increased by 10 percent. However,

�