In subsection (a) the word “Federal” is omitted and the words “in the armed forces, other than active duty for training” are inserted. The words “active Federal service” are not defined in 50
. Section 310 of the Naval Reserve Act of 1938, which 50
replaced, specifies active service in the “Army, Navy, Marine Corps, Coast Guard, Naval Auxiliary Service, Naval Reserve Force, Naval Militia in Federal status, National Naval Volunteers, Naval Reserve, Marine Corps Reserve Force, and Marine Corps Reserve.” 50
was intended to preserve the rights of persons who, on January 1, 1953, were members of reserve components, so that they would not be prejudiced by the repeal of § 310 of the Naval Reserve Act of 1938 (U.S. Code Congressional and Administrative News, 1952, p. 3584). To effect that purpose, the service that was creditable under the 1938 Act must be creditable under 50
. The words “active service in the armed forces, other than active duty for training” cover all creditable service. The Judge Advocate General of the Navy, in an opinion dated August 27, 1954 (JAG II:2:WGA:CA:mk), held that active duty for training was not creditable under the 1938 Act and is, therefore, not creditable under the 1952 Act.
2006—Pub. L. 109–163
, § 515(b)(3)(B), substituted “Navy Reserve” for “Naval Reserve” in section catchline.
Subsecs. (a), (c). Pub. L. 109–163
, § 515(b)(1)(I), substituted “Navy Reserve” for “Naval Reserve”.
1963—Subsec. (b). Pub. L. 88–132
substituted “of the grade in which retired” for “to which he would be entitled if on active duty” after “50 percent of the basic pay”.
1958—Subsec. (e). Pub. L. 85–583
entitled eligible members of Naval Reserve or Marine Corps Reserve to elect to transfer to Fleet Reserve or Fleet Marine Corps Reserve.
Amendment by Pub. L. 88–132
effective Oct. 1, 1963, see section 14 ofPub. L. 88–132
, set out as a note under section
, Pay and Allowances of the Uniformed Services.