Bureau Chiefs: rank; pay and allowances; retirement

§ 5133. Bureau Chiefs: rank; pay and allowances; retirement (a) Unless appointed to a higher grade under another provision of law, an officer of the Navy, while serving as a chief of bureau, has the rank of rear admiral and is entitled to the basic pay and allowances of a rear admiral in the upper half of that grade. Unless appointed to a higher grade under another provision of law, an officer of the Marine Corps, while serving as Chief of the Bureau of Aeronautics, has the rank of major general and is entitled to the basic pay and allowances of a major general. (b) All officer who is retired while serving as a chief of bureau, or who, after serving at least two and one-half years as a chief of bureau, is retired after completion of that service while serving in 286 a lower rank or grade, may, in the discretion of the President, be retired with the grade of rear admiral or major general, as appropriate, and with retired pay based on that grade. If he is retired with the grade of rear admiral, he is entitled to the retired pay of a rear admiral in the upper half of that grade. (c) Except in time of war, any officer of a staff corps who has served as a chief of bureau for a full term is exempt from sea duty.