Page:United States Statutes at Large Volume 70A.djvu/461

403 403 (c) Each officer serving in the grade of captain on the active list of the Navy in the Medical Service Corps shall be retired on June 30 of the fiscal year in which he completes 31 years of total commissioned service as computed under section 6388 of this title. (d) Notwithstanding subsections (a), (b), and (c), an officer who has lost numbers or precedence may not be retired because of comleting 31 years of total commissioned service until June 30 of the seal year in which he completes five years of service in the grade of captain in the Navy or colonel in the Marine Corps. For the purpose of this section, an officer promoted to the grade of captain in the Navy or colonel in the Marine Corps after August 6, 1947, is credited with service in that grade from the date of his eligibility for promotion to the grade of captain or colonel.

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§ 6378. Regular Navy, line captains restricted in performance of duty and staff corps captains; Regular Marine Corps, colonels designated for supply duty: continuation on active list; retirement (a) Each officer restricted in the performance of duty serving in the grade of captain on the active list in the line of the Navy, each officer serving in the grade of captain on the active list of the Navy in any staff corps except the Medical Service Corps, and each officer designated for supply duty serving in the grade of colonel on the active list of the Marine Corps is eligible for consideration for continuation on the active list by an appropriate selection board convened under section 5701, 5702, or 5703 of this title in the fiscal year in which he would be subject to retirement under section 6377 of this title and in each fiscal year thereafter while on the active list and not on a promotion list. However, any such captain or colonel who will complete 36 years of total commissioned service as computed under section 6387 or 6388 of this title or who will become 62 years of age in the fiscal year in which the selection board is convened is ineligible for consideration for continuation on the active list. (b) Not more than the following numbers of officers recommended for continuation on the active list may be so continued until the report of the next succeedinjor selection board is approved: (1) 10 captains designated for engineering duty. (2) 5 captains designated for aeronautical engineering duty. (3) 10 captains designated for special duty. (4) 22 captains in the Supply Corps. Mj'to:-'• (5 J 25 captains in the Chaplain Corps. (6) 7 captains in the Civil Engineer Corps. (7) The number of captains in the Medical Corps and in the Dental Corps that the Secretary of the Navy determines to be necessary to meet the needs of the service. (8) The number of colonels designated for supply duty that the Secretary determines to be necessary to meet the requirements of the Marine Corps, but not more than two. (c) If an officer continued on the active list under this section is not again recommended for continuation in the approved report of the next succeeding selection board, he shall be carried in excess of the number authorized to be so continued until June 30 of the then current fiscal year and shall be placed on the retired list on that date.

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