Page:United States Statutes at Large Volume 70A.djvu/459

401 401 (2) no such board is convened. (d) The number of officers that may be recommended by a board for retention on the active list under this section may not exceed the number that the Secretary of the Navy determines to be necessary to meet the requirements of the Marine Corps. I n any year in which the number of officers subject to retirement under this section is three or more, the Secretary shall fix the maximum number that may be recommended for retention at not less than the number of officers subject to such retirement minus two. (e) For the purpose of this section, an officer'service in the grade of major general is computed from the date of the occurrence of the vacancy that he was promoted to fill. However, service in grade of an officer promoted to the grade of major general before August 7, 1947, is computed from the date of his appointment in that grade. § 6374. Regular Marine Corps; brigadier generals not restricted in performance of duty: retirement for failures of selection for promotion Each officer not restricted in the performance of duty serving in the grade of brigadier general on the active list of the Marine Corps whose name is not on a promotion list shall be retired on June 30 of the fiscal year in which he is considered as having failed of selection for promotion to the grade of major general for the second time. § 6375. Regular Marine Corps; brigadier generals designated for supply d u t y: retention on active list; retirement (a) Except as provided in subsections (b) and (c), each officer designated for supply duty serving in the grade of brigadier general on the active list of the Marine Corps shall be retired on June 30 of the fiscal year in which he first completes— (1) at least five years of service in the grade of brigadier general; and (2) at least 35 years of total commissioned service as computed under section 6387 of this title. (b) An officer is not subject to retirement under this section while serving as Quartermaster General of the Marine Corps. (c) Each officer who would otherwise be retired under this section shall be retained on the active list if recommended for retention in the approved report of a board convened under section 5709 of this title. An officer so retained, if not retired under another provision of law, shall continue on the active list until June 30 of any succeeding fiscal year in which— (1) he is not again recommended for retention in the approved report of such a board; or (2) no such board is convened. (d) The number of officers that may be recommended by a board for retention on the active list under this section may not exceed the number that the Secretary of the Navy determines to be necessary to meet the requirements of the Marine Corps. In any year in which the number of officers subject to retirement under this section is two or more, the Secretary shall fix the maximum number that may be recommended for retention at not less than the number of officers subject to such retirement minus one.

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