Page:United States Statutes at Large Volume 70A.djvu/455

397 397 in no case may a member's retainer pay be more than 75 percent of the basic pay upon which the computation of retainer pay is based, (d) For the purposes of subsections (b) and (c), 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. A completed minority enlistment is counted as four years of active service, and an enlistment terminated within three months before the end of the term of enlistment is counted as active service for the full term. §6331.

Members of the Fleet Reserve and Fleet Marine Corps Reserve: transfer to the retired list; retired p a y (a) A member of the Fleet Reserve or the Fleet Marine Corps Reserve shall be transferred to the retired list of the Regular Navy or of the Regular Marine Corps, as appropriate— (1) upon being found not physically qualified in an examination under section 6485 of this title; or (2) when he has completed 30 years of service. (b) For the purpose of clause (2) of subsection (a), a member's years of service are computed by adding— (1) the years of service credited to him upon his transfer to the Fleet Reserve or the Fleet Marine Corps Reserve; (2) his years of active and inactive service in the armed forces before his transfer to the Fleet Reserve or the Fleet Marine Corps Reserve not credited to him upon that transfer; and (3) his years of service, active and inactive, in the Fleet Reserve or the Fleet Marine Corps Reserve. (c) Unless otherwise entitled to higher pay, each member transferred to the retired list under this section is entitled to retired pay at the same rate as the retainer pay to which he was entitled at the time of his transfer to the retired list. § 6332. Conclusiveness of transfers When a member of the naval service is transferred by the Secretary of the Navy— (1) to the Fleet Reserve; (2) to the Fleet Marine Corps Reserve; (3) from the Fleet Reserve to the retired list of the Regular Navy; or . (4) From the Fleet Marine Corps Reserve to the retired list of the Regular Marine Corps; the transfer is conclusive for all purposes. Each member so transferred is entitled, when not on active duty, to retainer pay or retired Eay from the date of transfer in accordance with his grade and numer of years of creditable service as determined by the Secretary. The Secretary may correct any eiTor or omission in his determination as to a member's grade and years of creditable service. When such a correction is made, the member is entitled, when not on active duty, to retain pay or retired pay in accordance with his grade and number of years of creditable service, as corrected, from the date of transfer.

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