Page:United States Statutes at Large Volume 94 Part 3.djvu/232

 94 STAT. 2876

PUBLIC LAW 96-513—DEC. 12, 1980 REQUIREMENT OF THREE YEARS SERVICE IN GRADE FOR VOLUNTARY RETIREMENT

SEC. 112. Chapter 69, relating to retired grade, is amended by inserting before section 1371 the following new section: 10 USC 1370.

"§ 1370. Commissioned officers: general rule; exceptions "(a)(1) Unless entitled to a higher retired grade under some other provision of law, a commissioned officer (other than a commissioned warrant officer) of the Army, Navy, Air Force, or Marine Corps who retires under any provision of law other than chapter 61 or chapter 67 10 USC 1201 et of this title shall, except as provided in paragraph (2), be retired in the seq., 1331 et seq. highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the military department concerned, for not less than six months. "(2) In order to be eligible for voluntary retirement under any provision of this title in a grade above major or lieutenant commander and below lieutenant general or vice admiral, a commissioned officer of the Army, Navy, Air Force, or Marine Corps must have served on active duty in that grade for not less than three years. The President may waive the preceding sentence in individual cases involving extreme hardship or exceptional or unusual circumstances. The authority of the President under the preceding sentence may not be delegated. "(3) A reserve or temporary officer who is notified that he will be released from active duty without his consent and thereafter requests retirement under section 3911,6323, or 8911 of this title and is retired pursuant to that request is considered for purposes of this section, to have been retired involuntarily. An officer retired pursuant to Ante, p. 2874. section 1186(b)(1) of this title is considered for purposes of this section to have been retired voluntarily. "(b) An officer whose length of service in the highest grade he held while on active duty does not meet the service in grade requirements specified in subsection (a) shall be retired in the next lower grade in which he served on active duty satisfactorily, as determined by the Secretary of the military department concerned, for not less than six months. "(c) Upon retirement an officer of the Army, Navy, Air Force, or Marine Corps who is serving in or has served in a position of importance and responsibility designated by the President to carry the grade of general or admiral or lieutenant general or vice admiral Ante, p. 2849. under section 601 of this title may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade held by him while serving on active duty.". COMPUTATION OF RETIRED PAY FOR REGULAR OFFICERS RETIRING FOR AGE OR YEARS OF SERVICE

Post, p. 2924.

SEC. 113. (a)(1) Section 1401, relating to computation of retired pay, is amended by adding at the end of the table contained in such section the following new formula:

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