Retired Grade of Real Admirals Retired Under 10 U.S.C. 6394

An advance decision was requested concerning the proper rate of pay to be used in the computation of the retired pay of certain rear admirals (lower half) who were to be mandatorily retired. Some retiring rear admirals (lower half) would be entitled to basic pay as rear admirals (upper half) if they were considered to be serving on the active list subsequent to the retirement of the rear admirals (upper half). The rear admirals in question are not entitled to compute retired pay on the basis of rear admiral (upper half) since they are also to be mandatorily retired on July 1, 1975, and, as a result, would not be serving in that grade on the active list on that date.