Public Law 84–324

inserting, in the analysis thereto after item 244 the following:

and

inserting, immediately after section 244 thereof, the following new sections:

Ҥ 247. Rear admirals; involuntary retirement; retention on the active list

“(a)“(a)

Any rear admiral, unless retired under some other provision of law or retained on the active list under subsection (b) of this section, shall be retired on June 30 of the fiscal year in which he completes a total of seven years of service in the permanent grade of rear admiral or a total of thirty-five years of active commissioned service, including service creditable for retirement purposes under sections 432, 433, and 434 of this title.

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“(b)“(b)

Notwithstanding subsection (a) of this section, the Commandant, with the approval of the Secretary, may by annual action retain on the active list from fiscal year to fiscal year any rear admiral who would otherwise be retired under subsection (a). A rear admiral so retained, unless retired under some other provision of law, shall be retired on June 30 of that fiscal year in which no action is taken to further retain him under this subsection.

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“(c)“(c)

Subsections (a) and (b) of this section do not apply to any officer serving as Commandant, Assistant Commandant, or Engineer-in-Chief. However, time served in any of those offices shall be included in any computation made under subsection (a) after the officer has vacated the office.

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Ҥ 248. Captains; retention on the active list: involuntary retirement

“(a)“(a)

The Secretary shall convene annually during January a board consisting of not less than five commissioned officers of the grade of rear admiral. The board shall consider for retention on the active list, and shall select, for retention on the active list 75 per centum of, all captains who have completed or who during the fiscal year in which the board meets will complete, a total of eight or more years of service, whether permanent or temporary, in the grade of captain, and a total of thirty or more years of active commissioned service, including service creditable for retirement purposes under sections 432.433, and 434 of this title. When a final fraction occurs in any computation made of the number of captains to lie retained under this section, the nearest whole number shall be taken, and if the fraction be one-half, the next highest whole number shall be taken.

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“(b)“(b)

Any captain who is considered by the board and is not selected for retention under subsection (a) of this section, unless retired under some other provision of law or retained on the active list under subsection (c) of this section, shall be retired on June 30 of the fiscal year in which considered by the board.

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“(c)“(c)

Notwithstanding subsection (b) of this section, the Com mandant, with the approval of the Secretary, may by annual action retain on the active list from fiscal year to fiscal year any captain who would other wise be retired under subsection (b). A captain so returned shall not be considered for retention on the active list by an;, subsequent board convened under subsection (a) of this section, and, unless retired under some other provision of law, shall be retired on June 30 of that fiscal year in which no action is taken to further retain him under this subsection.”

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