Page:United States Statutes at Large Volume 70A.djvu/462

404 404 §6379.

Regular Navy, commanders; Regular Marine Corps, lieutenant colonels: retirement for length of service and failures of selection for promotion (a) Each officer on the active list of the Navy or the Marine Corps serving in the grade of commander or lieutenant colonel, except an officer designated for limited duty or an officer in the Medical Service Corps, shall, subject to the provisions of section 5777 of this title, be retired on June 30 of the fiscal year in which— (1) he is not on a promotion list; (2) he is considered as having twice failed of selection for promotion to the grade of captain in the Navy or colonel in the Marine Corps; and (3) he has completed at least 26 years of total commissioned service as computed under section 6387 or 6388 of this title. (b) Each officer on the active list of the Navy in the Medical Service Corps serving in the grade of commander shall, subject to section 5777 of this title, be retired on June 30 of the fiscal year in which— (1') he is not on a promotion list; (2) he is considered as having twice failed of selection for promotion to the grade of captain; and (3) he has completed at least 30 years of total commissioned service as computed under section 6388 of this title. § 6380. Regular Navy, lieutenant commanders; Regular Marine Corps, majors: retirement for length of service and failures of selection for promotion (a) Each officer on the active list of the Navy or the Marine Corps serving in the grade of lieutenant commander or major shall, subject to section 5777 of this title, be retired on June 30 of the fiscal year in which— (1) he is not on a promotion list; (2) he is considered as having twice failed of selection for promotion to the grade of commander or lieutenant colonel; and (3) he has completed at least 20 years of total commissioned service as computed under section 6387 or 6388 of this title. (b) This section does not apply to women officers appointed under section 5590 of this title, to officers designated for limited duty, or to officers in the Nurse Corps. §6381.

Officers retired under preceding sections: retired grade and pay; general rule (a) Each officer retired under the preceding sections of this chapter— (1) unless otherwise entitled to a higher grade, shall be retired in the grade in which he was serving at the time of retirement; and (2) is entitled to retired pay at the rate of 21/^ percent of the basic pay to which he would be entitled if serving on active duty i, in the grade in which retired multiplied by the number of years of service creditable for basic pay, but the retired pay may not be more than 75 percent of the basic pay upon which the computation of retired pay is based.

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