Page:United States Statutes at Large Volume 70A.djvu/457

399 Sec. •6401. Regular Navy, women lieutenants; Regular Marine Corps, women captains: discharge for length of service; severance pay. 6402. Regular Navy, women lieutenants (junior grade); Regular Marine Corps, women first lieutenants: discharge for length of service; severance pay. 6404. Treatment of fractious of years of service in computing retired pay and severance pay. 6405. Effect of acceptance of appointment in Foreign Service. 6406. Regular Navy and Regular Marine Corps; officers: furlough; furlough pay. 6407. Communication with selection board. 6408. Navy and Marine Corps; warrant officers, W - l: limitation on dismissal. 6409. Navy and Marine Corps; warrant officers: suspension of laws for mandatory retirement and separation during war or emergency.

§6371.

Regular Navy; line rear admirals not restricted in performance of duty: continuation on active list; retirement (a) Each officer not restricted in the performance of duty serving in the grade of rear admiral on the active list in the line of the Navy is eligible for consideration for continuation on the active list by a selection board convened in the fiscal year in which he first completes— (1) at least five years of service in the grade of rear admiral; and (2) at least 35 years of total commissioned service as computed under section 6387 of this title. However, an officer who will become 62 years of age in the fiscal year in which he would otherwise be eligible for consideration for continuation on the active list under this section is not eligible for such consideration. (b) The Secretary of the Navy shall determine, as of the date of the convening of the appropriate selection board, the number of officers not restricted in the performance of duty serving in the grade of rear admiral on the active list in the line of the Navy that the board may recommend for continuation on the active list. The number may not be less than 50 percent or more than 75 percent of the number of officers who are eligible for consideration for continuation under this section. I n determining the number that the board may recommend, the Secretary shall consider the number of existing vacancies for rear admirals in the line of the Navy not restricted in the performance of duty and the number of vacancies that he estimates must occur during each of the next five years in order that captains will be best assured of a flow of promotion to the grade of rear admiral and that rear admirals who will become eligible for consideration in succeeding years will be best assured of equality of opportunity for continuation on the active list. (c) An officer who is recommended for continuation on the active list in the approved report of a selection board under this section may not be retired under this section. (d) Each officer who is considered by a selection board for continuation on the active list under this section, and who is not recommended for continuation in the approved report of the board, shall, unless retired under another provision of law, be retired on June 30 of the current fiscal year. (e) For the purpose of this section, an officer is credited with service in the grade of rear admiral from the date of his eligibility for promotion to that grade.

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