Page:United States Statutes at Large Volume 72 Part 1.djvu/1550

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PUBLIC LAW 85-861-SEPT. 2, 1958

[72 S T A T.

grade in which he served satisfactorily under a temporary appointment as determined by the Secretary of the Navy." i_ousc 6141(139) Chapter 561 is amended— 6158. (A) by amending the catchline of section 6151 to read as follows: "§ 6151. Higher retired grade and pay for members who serve satisfactorily under temporary appointments"; and (B) by striking out the following item in the analysis thereof: "6151. Higher retired grade and pay for members temporarily appointed or promoted during World War II."

10 USC 6222.

and inserting the following item in place thereof: "t)151. Higher retired-grade and pay for members who serve satisfactorily under temporary appointments." (140) Section 6222 is amended to read as follows: "§6222. United States Marine Band: composition; director; assistant director " (a) The band of the Marine Corps shall be composed of one director, two assistant directors, and other personnel in such numbers and grades as the Secretary of the Navy determines to be necessary. "(b) The Secretary shall designate the director and assistant directors of the Marine Band from among qualified members of the Marine Corps. Upon the recommendation of the Secretary, a member so designated may be appointed by the President, by and with the advice and consent of the Senate, to a commissioned grade in the Regular Marine Corps. designated as director of the Marine Band shall be in the grade of captain, except that a member who, at the time of his designation, holds an appointment in a higher grade may be appointed in that higher grade, but not above lieutenant colonel. The initial appointment of a member designated as assistant director shall be in a grade below captain. " (d) The Secretary shall prescribe regulations for the promotion of members designated as director or assistant director of the Marine Band, and the President, by and with the advice and consent of the Senate, may from time to time appoint them to higher grades. However, the grade of the director may not be higher than lieutenant colonel and the grades of the assistant directors may not be higher than captain. "(e) A member who accepts a commission under this section is entitled, while serving thereunder, only to the pay and allowances of an officer in the grade in which he is serving. However, his pay and allowances may not be less than those to which he was entitled at the time of his appointment under this section. "(f) Unless otherwise entitled to higher retired grade and retired pay, a member who holds, or has held, an appointment under this section is entitled, when retired, to be retired in, and with retired pay based on, the highest grade held under this section in which the Secretary determines that he served satisfactorily. " (g) The Secretary may revoke any designation as director or assistant director of the Marine Band. When a member's designation is revoked, his appointment to commissioned grade under this section terminates and he is entitled, at his option— " (1) to be discharged from the Marine Corps; or "(2) to revert to the grade and status he held at the time of his designation as director or assistant director."
 * '(c) The initial appointment to a commissioned grade of a member

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