Page:United States Statutes at Large Volume 72 Part 1.djvu/1552

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PUBLIC LAW 85-861-SEPT. 2, 1958

[72 S T A T.

tenant, who is considered as having twice failed of selection for promotion to the next higher grade may, in the discretion of the Secretary of the Navy, be eliminated from an active status. "(b) An officer who is to be eliminated from an active status under subsection (a) shall, if qualitied, be given an opportunity to request transfer to the appropriate Retired Reserve and, if he requests it, shall be so transferred. If he is not so transferred, he shall, in the discretion of the Secretary, be transferred to the appropriate inactive status list or be discharged from the Naval Reserve or the Marine Corps Reserve. "(c) An officer in an active status in the Naval Reserve in the permanent grade of lieutenant commander or above, and an officer in an active status in the Marine Corps Reserve in the permanent grade of major or above, who is considered as having twice failed of selection for promotion to the next higher grade shall, if qualified, be given an opportunity to request transfer to the appropriate Retired Reserve. If he is not so transferred, he shall be discharged from the Naval Reserve or the Marine Corps Reserve if he has completed a period of total commissioned service equal to that specified below for the permanent grade in which he is serving: "Grade

10 USC 5581.

Total commissioned Navy Marine Corps service Captain Colonel 30 years Commander Lieutenant colonel 26 years Lieutenant commander.. Major 20 years " (d) For the purposes of subsection (c), the total commissioned service of an officer who has served continuously in the Naval Reserve or the Marine Corps Reserve following appointment therein in the permanent grade of ensign or second lieutenant, as the case may be, shall be computed from June 30 of the fiscal year in which he accepted the appointment. Each other officer is considered to have for this purpose as much total commissioned service as any officer in the line on the active list of the Navy, not restricted in the performance of duty, or any officer on the active list of the Marine Corps, not restricted in the performance of duty, as appropriate, who has served continuously since original appointment as ensign on the active list of the Navy or as second lieutenant on the active list of the Marine Corps, has not lost numbers or precedence, and is, or has been after September 6, 1947, junior to that other officer. However, the total commissioned service that the other officer is considered to have may not be less than the actual number of years he has served as a commissioned officer in a grade above chief warrant officer, W-4. "(e) This section applies to women officers appointed under section 5581 of this title, but not to other women reserve officers or to reserve officers in the Nurse Corps."; (B) by inserting the following new section after section 6390: "§6391. Naval Reserve and Marine Corps Reserve; officers: retirement at age 62 " (a) An-officer in an active status in the Naval Reserve or the Marine Corps Reserve in a grade above chief warrant officer, W-4, shall, except as provided in subsections (b) and (c), be transferred to the Retired Reserve when he becomes 62 years of age. "(b) The Secretary of the Navy may defer the retirement under this section of any officer of the Naval Reserve in a grade above captain or any officer of th6 Marine Corps Reserve in a grade above colonel and retain him in an active status until he becomes 64 years of age. However, not more than ten officers may be so deferred at any one time, distributed between the Naval Reserve and the Marine Corps Reserve as the Secretary determines.

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