Page:United States Statutes at Large Volume 70A.djvu/469

411 411 officers on the active list of the Marine Corps serving in the grades of major general and brigadier general. (b) Each board convened under this section to consider and recommend rear admirals and commodores for retirement shall be composed of not less than five officers on the active list of the Navy serving in grades above rear admiral. However, rear admirals on the active list in any staff corps may be detailed as members of any such board to consider and recommend officers of the staff corps for retirement. (c) Each board convened under this section to consider and recommend major generals for retirement shall be composed, as far as practicable, of three officers on the active list of the Marine Corps serving in grades above major general. If there is an insufficient number of such officers available, officers on the active list in the line of the Navy serving in grades above rear admiral may be detailed to complete the prescribed membership. (d) Each board convened under this section to consider and recommend brigadier generals for retirement shall be composed, as far as practicable, of five officers on the active list of the Marine Corps serving in grades above brigadier general. If there is an insufficient number of such officers available, officers on the active list in the line of the Navy serving in the grade of rear admiral or above may be detailed to complete the prescribed membership. (e) The recommendation of each board convened under this section shall be submitted by the Secretary with his recommendation to the President for approval or disapproval, in whole or in part. (f) Each officer recommended for retirement by a board convened under this section, shall, if the recommendation is approved by the President, be retired on the first day of any month set by the Secretary, but not later than the first day of the seventh month after the date of the approval by the President. (g) Each officer retired under this section— (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 2i^ percent of the basic pay to which he would be entitled if serving on active duty 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. § 6395. Regular Navy and Regular Marine Corps; officers having less than 20 year s of service: discharge during w a r or emergency for unsatisfactory performance of duty. (a) Each board of officers convened under section 5787 of this title to recommend officers for promotion shall report, from among the officers whose names are presented to it for consideration, the name of each officer on active duty with less than 20 years of service whose record, in the opinion of the board, indicates his unsatisfactory performance of duty in his present grade and, in the opinion of the board, indicates that he would not satisfactorily perform the duties of a higher grade.

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