Pub. L. 82-476, pt. IV, sec. 413

Sec. 413. (a) Members of the Naval Reserve and the Marine Corps Reserve who have performed a total of not less than thirty years’ active Federal service; or who have had not less than twenty years’ active Federal service, the last ten years of which shall have been performed during the eleven years immediately preceding their transfer to a retired Reserve; may be placed in a Retired Reserve upon their request. (b) Except while on active duty, personnel transferred to a Retired Reserve as provided by this section shall be entitled to pay at the rate of 50 per centum of their active-duty rate of pay. 66 Stat. 500 (c) If a performance of duty for which commended occurred not later than December 31, 1946, officers specially commended for a performance of duty in actual combat with the enemy by the head of the executive department under whose jurisdiction such duty was performed shall be advanced to the next higher grade when placed in a Retired Reserve. However, officers heretofore holding rank or grade on the honorary retired lists of the Naval Reserve or Marine Corps Reserve or hereafter holding rank or grade in a Retired Reserve pursuant to this section above captain in the Naval Reserve or above colonel in the Marine Corps Reserve solely by virtue of such commendation, if hereafter recalled to active duty, may, in the discretion of the Secretary of the Navy, be recalled either in the rank or grade to which they would otherwise be entitled had they not been accorded higher rank or grade by virtue of such commendation, or in the rank or grade held by them in a Retired Reserve. (d) The provisions of this section shall not be applicable to any person who is not a member of the Naval Reserve or Marine Corps Reserve on the effective date of this Act. (e) The provisions of this section shall terminate twenty years from the effective date of this Act, but such termination shall not affect any accrued rights to retired pay. (f) Nothing contained in this section shall be construed as prohibiting any person eligible for retirement under the provisions of this section from retiring under the provisions of any other law under which he may be eligible.