B-164315, MAY 31, 1968, 47 COMP. GEN. 696

B-164315, MAY 31, 1968, 47 COMP. GEN. 696

MILITARY PERSONNEL - CHIEF OF STAFF - TERM EXPIRATION AND RETIREMENT A MAJOR GENERAL IN THE REGULAR ARMY ADVANCED TO THE GRADE OF GENERAL UNDER 10 U.S.C. 3034 (B) WITHOUT VACATING HIS REGULAR GRADE UPON APPOINTMENT ON JULY 3, 1964, FOR NOT MORE THAN 4 YEARS AS CHIEF OF STAFF, WHO IS ELIGIBLE FOR VOLUNTARY RETIREMENT UNDER SECTION 3918 AND IS ALSO SUBJECT ON JULY 12, 1968 TO THE MANDATORY RETIREMENT PROVISIONS OF SECTION 3923, REVERTS TO HIS PERMANENT GRADE OF MAJOR GENERAL ON THE ACTIVE LIST FOLLOWING THE EXPIRATION OF HIS TERM AS CHIEF OF STAFF ON JULY 2, 1968, IF NOT REAPPOINTED, AND IN VIEW OF 10 U.S.C. 1404 AND THE UNIFORM RETIREMENT DATE ACT (5 U.S.C. 8301), IF THE OFFICER IS NOT PLACED ON THE RETIRED LIST ON JULY 1, 1968, OR SOONER, THE EFFECTIVE DATE OF HIS RETIREMENT FOR OTHER THAN DISABILITY MAY NOT BE EARLIER THAN AUGUST 1, 1968. PAY - RETIRED - MEMBERS WHO SERVED IN HIGHER RANK THAN AT RETIREMENT - PAY UPON RELEASE SAME AS HIGHER RANK AN ARMY CHIEF OF STAFF WHOSE 4-YEAR STATUTORY PERIOD OF SERVICE EXPIRES JULY 2, 1968, UPON APPLICATION FOR RETIREMENT IN JUNE 1968 AND PLACEMENT ON THE RETIRED LIST EFFECTIVE JULY 1, 1968, UNDER 10 U.S.C. 3918, WOULD BE ENTITLED TO RECEIVE RETIRED PAY COMPUTED IN ACCORDANCE WITH FOOTNOTE 1, FORMULA B, 10 U.S.C. 3991, AT THE HIGHEST RATE OF BASIC PAY APPLICABLE TO HIM WHILE SERVING AS CHIEF OF STAFF--- THE RATE IN EFFECT JUNE 30, 1968--- WHETHER OR NOT THAT RATE IS GREATER OR LESS THAN THE BASIC RATE APPLICABLE ON DATE OF RETIREMENT THAT IS AUTHORIZED IN FOOTNOTE 2 OF THE SECTION. PAY - ACTIVE DUTY - AFTER TERMINATION OF MILITARY STATUS - TO COMPLETE TERM AS CHIEF OF STAFF UPON RETIREMENT EFFECTIVE JULY 1, 1968, AN ARMY CHIEF OF STAFF WHOSE APPOINTMENT TO A 4-YEAR TERM ON JULY 3, 1964 EXPIRES JULY 2, 1968, MAY BE RECALLED TO ACTIVE DUTY IN HIS RETIRED GRADE PURSUANT TO 10 U.S.C. 3504, ASSUMING CONFIRMATION UNDER 10 U.S.C. 3962, TO COMPLETE THE 4 YEAR TERM AS CHIEF OF STAFF, AND HE MAY BE PAID AS CHIEF OF STAFF FOR JULY 1 AND 2, 1968, AND THE OFFICER WHEN RELEASED FROM SUCH ACTIVE DUTY WILL BE ENTITLED TO RECOMPUTE HIS RETIRED PAY UNDER THE METHOD PRESCRIBED IN 10 U.S.C. 1402 (A).

TO THE SECRETARY OF THE ARMY, MAY 31, 1968:

REFERENCE IS MADE TO LETTER OF MAY 11, 1968, FROM THE ASSISTANT SECRETARY OF THE ARMY (MANPOWER AND RESERVE AFFAIRS), REQUESTING DECISION ON SEVERAL QUESTIONS PERTAINING TO THE CHIEF OF STAFF, UNITED STATES ARMY. THE REQUEST FOR DECISION WAS ASSIGNED SUBMISSION NUMBER SSA-999 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.

IT IS STATED THAT THE OFFICER NOW SERVING AS CHIEF OF STAFF, UNITED STATES ARMY, WAS COMMISSIONED IN THE REGULAR ARMY ON JUNE 13, 1933, AND THAT HE HAS SERVED CONTINUOUSLY SINCE THAT DATE. HE HAS HELD THE PERMANENT GRADE OF MAJOR GENERAL SINCE APRIL 1, 1963. HIS NOMINATION FOR APPOINTMENT AS CHIEF OF STAFF, UNITED STATES ARMY, IN THE GRADE OF GENERAL WAS CONFIRMED BY THE SENATE (SEE CONGRESSIONAL RECORD--- SENATE, JULY 2, 1964, PAGE 15816), AND HE BECAME CHIEF OF STAFF, UNITED STATES ARMY, EFFECTIVE JULY 3, 1964, UNDER APPOINTMENT BY THE PRESIDENT AS ANNOUNCED IN DEPARTMENT OF THE ARMY GENERAL ORDERS NO. 23, DATED JULY 3, 1964. ON THE SAME DATE HIS APPOINTMENT IN THE GRADE OF GENERAL UNDER AUTHORITY OF 10 U.S.C. 3034 (B), WITH DATE OF RANK JULY 3, 1964, WAS ANNOUNCED IN PARAGRAPH 1, DEPARTMENT OF THE ARMY SPECIAL ORDERS NO. 170, JULY 3, 1964.

IT APPEARS THAT HE IS ELIGIBLE FOR VOLUNTARY RETIREMENT UNDER THE PROVISIONS OF 10 U.S.C. 3918 (30 YEARS OR MORE--- REGULAR COMMISSIONED OFFICERS). ALSO, UNLESS HIS RETIREMENT IS DEFERRED AS THEREIN PROVIDED HE WILL BECOME SUBJECT ON JULY 12, 1968 (THE 30TH DAY AFTER HE COMPLETES 35 YEARS OF COMMISSIONED SERVICE IN THE REGULAR ARMY) TO THE MANDATORY RETIREMENT PROVISIONS OF 10 U.S.C. 3923 (35 YEARS OR 5 YEARS IN GRADE--- REGULAR MAJOR GENERALS). IT IS REPORTED THAT HIS NOMINATION FOR PLACEMENT ON THE RETIRED LIST (NO DATE SPECIFIED) IN THE GRADE OF GENERAL UNDER AUTHORITY OF 10 U.S.C. 3962 (A) HAS BEEN SUBMITTED FOR CONFIRMATION BY THE SENATE.

THE SPECIFIC QUESTIONS PRESENTED FOR DECISION ARE AS FOLLOWS:

A. ASSUMING THAT THE APPOINTMENT OF HIS SUCCESSOR AS CHIEF OF STAFF, UNITED STATES ARMY, HAS NOT TAKEN EFFECT ON OR BEFORE 2 JULY 1968, MAY THE INCUMBENT PERFORM THE DUTIES AND RECEIVE THE PAY OF THAT OFFICE FOR ANY PERIOD AFTER 2400 HOURS, 2 JULY 1968?

B. MAY THE OFFICER'S RETIREMENT FOR ANY CAUSE OTHER THAN PHYSICAL DISABILITY BE MADE EFFECTIVE ON OR AFTER 3 JULY 1968 AND BEFORE 1 AUGUST 1968?

C. IF THE OPERATION OF THE UNIFORM RETIREMENT DATE ACT (5 U.S.C. 8301) REQUIRES THAT HIS RETIREMENT BE DELAYED UNTIL 1 AUGUST 1968, IS THE OFFICER REQUIRED TO REVERT TO HIS PERMANENT GRADE ON THE ACTIVE LIST FOLLOWING EXPIRATION OF HIS TERM AS CHIEF OF STAFF, UNITED STATES ARMY, THROUGH 31 JULY 1968? (IN THIS CONNECTION, IT IS UNDERSTOOD THAT A REVERSION TO PERMANENT GRADE WOULD NOT BE REQUIRED IF THE OFFICER WERE REASSIGNED TO AN APPROPRIATE POSITION DESIGNATED PURSUANT TO 10 U.S.C. 3066.)

D. SHOULD THE OFFICER APPLY IN JUNE 1968 FOR RETIREMENT EFFECTIVE 1 JULY 1968 PURSUANT TO THE PROVISIONS OF SECTION 3918 OF TITLE 10, UNITED STATES CODE, AND THE APPLICATION BE APPROVED, WOULD HIS RETIRED PAY BE BASED ON THE INCREASED RATES OF ACTIVE DUTY PAY APPLICABLE TO THE POSITION OF CHIEF OF STAFF IF INCREASED ON 1 JULY 1968 AS INDICATED IN YOUR DECISION (B- 163770) OF 15 APRIL 1968?

E. SHOULD THE OFFICER'S RETIREMENT TAKE EFFECT ON 1 JULY 1968, MAY BE RECALLED TO ACTIVE DUTY (IN HIS RETIRED GRADE, ASSUMING CONFIRMATION UNDER 10 U.S.C. 3962) PURSUANT TO THE PROVISIONS OF SECTION 3504 OF TITLE 10, U.S.C. AND BE PAID FOR SERVICE AS CHIEF OF STAFF DURING THE PERIOD BEGINNING 1 JULY 1968 THROUGH SUCH DATE AS MAY BE INDICATED IN YOUR ANSWER TO QUESTION A, ABOVE?

THE SUBJECT OFFICER'S APPOINTMENTS AS CHIEF OF STAFF, UNITED STATES ARMY, AND TO THE GRADE OF GENERAL WERE ACCOMPLISHED IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTIONS (A) AND (B) OF SECTION 3034, TITLE 10, U.S. CODE, WHICH PROVIDE AS FOLLOWS:

(A) THE CHIEF OF STAFF SHALL BE APPOINTED BY THE PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, FROM THE GENERAL OFFICERS OF THE ARMY. HE SERVES DURING THE PLEASURE OF THE PRESIDENT, BUT NOT FOR MORE THAN FOUR YEARS UNLESS REAPPOINTED BY THE PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE.

(B) THE CHIEF OF STAFF, WHILE SO SERVING, HAS THE GRADE OF GENERAL WITHOUT VACATING HIS REGULAR OR RESERVE GRADE, AND IS COUNTED AS ONE OF THE OFFICERS AUTHORIZED TO SERVE IN A GRADE ABOVE LIEUTENANT GENERAL UNDER SECTION 3066 OF THIS TITLE.

THE LAW EXPRESSLY PROVIDES THAT THE CHIEF OF STAFF, UNITED STATES ARMY, SERVES DURING THE PLEASURE OF THE PRESIDENT "BUT NOT FOR MORE THAN FOUR YEARS UNLESS REAPPOINTED BY THE PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE.' HENCE, THE 4 YEAR STATUTORY PERIOD WHICH BEGAN ON JULY 3, 1964, WILL TERMINATE ON JULY 2, 1968. COMPARE 12 COMP. GEN. 641. ASSUMING THAT THE INCUMBENT IS NOT REAPPOINTED AS PROVIDED IN 10 U.S.C. 3034 (A), QUESTION A IS ANSWERED IN THE NEGATIVE.

SECTION 8301, TITLE 5, U.S.C. (PUBLIC LAW 89-554, SEPTEMBER 6, 1966, 80 STAT. 557) PROVIDES THAT:

(A) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED BY THIS TITLE OR OTHER STATUTE, RETIREMENT AUTHORIZED BY STATUTE IS EFFECTIVE ON THE FIRST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH RETIREMENT WOULD OTHERWISE BE EFFECTIVE.

(B) NOTWITHSTANDING SUBSECTION (A) OF THIS SECTION, THE RATE OF ACTIVE OR RETIRED PAY OR ALLOWANCE IS COMPUTED AS OF THE DATE RETIREMENT WOULD HAVE OCCURRED BUT FOR SUBSECTION (A) OF THIS SECTION.

SECTIONS 1404 AND 1221, TITLE 10, U.S. CODE, AS AMENDED BY SECTION 3, PUBLIC LAW 89-718, NOVEMBER 2, 1966, 80 STAT. 1115, RESPECTIVELY ARE AS FOLLOWS:

THE RETIREMENT PROVISIONS OF THIS TITLE ARE SUBJECT TO SECTION 8301 OF TITLE 5.

NOTWITHSTANDING SECTION 8301 OF TITLE 5, THE SECRETARY CONCERNED MAY SPECIFY AN EFFECTIVE DATE FOR THE RETIREMENT OF ANY MEMBER OF THE ARMED FORCES UNDER THIS CHAPTER, OR FOR THE PLACEMENT OF HIS NAME ON THE TEMPORARY DISABILITY RETIRED LIST, THAT IS EARLIER THAN THE DATE PROVIDED FOR IN THAT SECTION.

THE QUOTED PROVISIONS REQUIRE THAT THE ANSWER TO QUESTION B BE IN THE NEGATIVE.

IN VIEW OF THE EXPRESS PROVISIONS CONTAINED IN 10 U.S.C. 1404 AND 5 U.S.C. 8301 (A), IF THE OFFICER HAS NOT BEEN PLACED ON THE RETIRED LIST ON JULY 1, 1968, OR SOONER, THE EFFECTIVE DATE OF HIS RETIREMENT (ASSUMING THAT HE IS RETIRED FOR REASONS OTHER THAN DISABILITY) COULD NOT BE EARLIER THAN AUGUST 1, 1968. SINCE ON JULY 2, 1968, HE WILL HAVE SERVED EXACTLY 4 YEARS AS CHIEF OF STAFF, UNITED STATES ARMY, THE PROVISIONS OF 10 U.S.C. 3034 (A) BAR HIS CONTINUANCE IN THAT CAPACITY BEYOND THAT DATE UNLESS HE HAS BEEN REAPPOINTED BY THE PRESIDENT BY AND WITH THE ADVICE AND CONSENT OF THE SENTATE.

THEREFORE, QUESTION C IS ANSWERED BY STATING THAT AFTER JULY 2, 1968,AND ABSENT A REAPPOINTMENT BY THE PRESIDENT, ETC., THE OFFICER WILL REVERT EFFECTIVE JULY 3, 1968, TO HIS PERMANENT GRADE OF MAJOR GENERAL ON THE ACTIVE LIST. WE AGREE WITH THE PARENTHETICAL STATEMENT CONTAINED IN QUESTION C THAT REVERSION TO PERMANENT GRADE WOULD NOT BE REQUIRED IF THE PRESIDENT SHOULD REASSIGN THE OFFICER TO AN APPROPRIATE POSITION AND APPOINT HIM TO THE GRADE OF GENERAL WITH THE ADVICE AND CONSENT OF THE SENATE AS AUTHORIZED IN 10 U.S.C. 3066 (A).

IF THE OFFICER APPLIES IN THE MONTH OF JUNE 1968 FOR RETIREMENT EFFECTIVE JULY 1, 1968, PURSUANT TO THE PROVISIONS OF 10 U.S.C. 3918 AND THE APPLICATION IS APPROVED, HE WOULD BECOME ENTITLED TO RECEIVE RETIRED PAY EFFECTIVE FROM JULY 1, 1968, COMPUTED IN ACCORDANCE WITH THE PROVISIONS OF FORMULA B, SECTION 3991, TITLE 10, U.S.C. THAT FORMULA PRESCRIBES THE FOLLOWING METHOD FOR COMPUTATION OF RETIRED PAY- - MULTIPLY THE MONTHLY BASIC PAY OF THE MEMBER'S RETIRED GRADE BY THE TOTAL OF 2-1/2 PERCENT FOR EACH YEAR OF SERVICE CREDITED TO HIM UNDER SECTION 1405 OF TITLE 10, U.S. CODE, THE TOTAL NOT TO EXCEED 75 PERCENTUM OF THE PAY UPON WHICH THE COMPUTATION IS BASED.

WHILE FOOTNOTE 1 UNDER SECTION 3991 REFERS TO THE PHRASE "MEMBER'S RETIRED GRADE" IT IS FURTHER EXPRESSLY PROVIDED THAT IN THE CASE OF AN OFFICER WHO HAS SERVED AS CHIEF OF STAFF, RETIRED PAY WILL BE COMPUTED "* * * AT THE HIGHEST RATES OF BASIC PAY APPLICABLE TO HIM WHILE HE SERVED IN THAT OFFICE.' THE QUOTED LANGUAGE REFLECTS THE SPECIFIC INTENT OF THE CONGRESS. SEE S.REPT. NO. 1472 ON THE BILL H.R. 11470, 85TH CONG., ENACTED MAY 20, 1958, AS PUBLIC LAW 85-422. IT WAS STATED (AT PAGE 22 OF THE REPORT) THAT CERTAIN PROVISIONS OF THEN EXISTING LAW WOULD BE AMENDED BY SECTION 6 OF H.R. 11470 (SECTION 6 (1) AMENDED FOOTNOTE 1 OF SECTION 3991 OF TITLE 10, U.S. CODE) SO AS * * * TO INSURE THAT THOSE WHO RETIRE FROM ACTIVE DUTY IN THE FUTURE (I.E. AFTER MAY 31, 1958) IN THE GRADES O-9 (LIEUTENANT GENERAL-VICE ADMIRAL) AND O-10 (GENERAL-ADMIRAL) WILL BE ENABLED TO HAVE THEIR RETIRED PAY COMPUTED ON THE NEW BASIC PAY PRESCRIBED IN THIS ACT FOR THESE GRADES. IT WAS FURTHER STATED:

IN ADDITION, SUBSECTIONS (1), (2), (3), (6), AND (7) (B) (OF SECTION 6 OF H.R. 11470) AMEND EXISTING LAW IN ORDER TO INSURE THAT FUTURE RETIRED CHIEFS OF STAFF OF THE ARMY * * * WILL BE ENABLED TO HAVE THEIR RETIRED PAY COMPUTED ON THE HIGHEST RATES OF BASIC PAY PRESCRIBED FOR THOSE OFFICERS WHILE SERVING IN SUCH AN OFFICE.

FOOTNOTE 2 OF SECTION 3991 HAS REFERENCE TO THE PHRASE "MONTHLY BASIC PAY" AND READS "COMPUTED AT RATES APPLICABLE ON DATE OF RETIREMENT.'

IT IS OBVIOUS THAT IF THE OFFICER IS PLACED ON THE RETIRED LIST OF THE ARMY EFFECTIVE JULY 1, 1968, UNDER AUTHORITY OF 10 U.S.C. 3918, HIS RETIRED PAY STATUS FOR PURPOSES OF QUESTION D WILL FALL SQUARELY WITHIN THE PURVIEW OF FORMULA B, 10 U.S.C. 3991, AND THE PROVISIONS SET FORTH IN FOOTNOTES 1 AND 2 OF SECTION 3991 WILL APPLY. UNDER FOOTNOTE 1 HIS RETIRED PAY WOULD BE REQUIRED TO BE COMPUTED ON THE BASIS OF "THE HIGHEST RATES OF BASIC PAY APPLICABLE TO HIM" WHILE HE SERVED AS CHIEF OF STAFF. IN THE EVENT THAT HE IS RETIRED EFFECTIVE JULY 1, 1968, THE HIGHEST RATE OF BASIC PAY APPLICABLE TO HIM WHILE HE SERVED AS CHIEF OF STAFF WOULD BE THE RATE IN EFFECT ON JUNE 30, 1968.

QUESTION D INFERENTIALLY RAISES THE POINT THAT SINCE THE RESTRICTIVE PROVISIONS CONTAINED IN 5 U.S.C. 8301 (B) WOULD NOT BE FOR APPLICATION (SEE 44 COMP. GEN. 373, 377, 383) IF THE OFFICER IS RETIRED EFFECTIVE JULY 1, 1968, UNDER AUTHORITY OF 10 U.S.C. 3918, HE MAY BE ELIGIBLE, IN VIEW OF THE SPECIFIC STATUTORY PROVISION CONTAINED IN FOOTNOTE 2 (SECTION 3991), TO COMPUTE HIS RETIRED PAY EFFECTIVE FROM JULY 1, 1968, ON THE BASIS OF THE INCREASED RATES OF MONTHLY BASIC PAY WHICH MAY BECOME PAYABLE ON THAT DATE FOR THE POSITION OF CHIEF OF STAFF, UNITED STATES ARMY.

AS ABOVE STATED, THE CONGRESSIONAL PURPOSE IS CLEAR THAT THE RETIRED PAY OF AN OFFICER WHO HAS SERVED AS CHIEF OF STAFF SHALL BE COMPUTED "AT THE HIGHEST RATES OF BASIC PAY APPLICABLE TO HIM WHILE HE SERVED IN THAT OFFICE.' THAT LANGUAGE IS SPECIFIC AND UNAMBIGUOUS AND PERMITS NO DEVIATION FROM ITS REQUIREMENTS. FOR EXAMPLE, IF THE HIGHEST RATE OF BASIC PAY APPLICABLE WHILE THE OFFICER SERVED AS CHIEF OF STAFF WERE GREATER THAN THE RATE OF BASIC PAY APPLICABLE ON DATE OF RETIREMENT, THERE IS NO QUESTION THAT SUCH GREATER RATE OF BASIC PAY WOULD BE REQUIRED UNDER FOOTNOTE 1 OF SECTION 3991 TO BE EMPLOYED IN COMPUTING THE OFFICER'S RETIRED PAY.

NOTHING APPEARS IN THE LEGISLATIVE HISTORY OF FOOTNOTE 1 OF SECTION 3991 (AS AMENDED BY SECTION 6 (1), PUBLIC LAW 85-422) TO INDICATE THAT CONGRESS CONTEMPLATED OR INTENDED ANY EXCEPTION TO THIS SPECIFIC STATUTORY REQUIREMENT. THE LANGUAGE CONTAINED IN FOOTNOTE 1 OF SECTION 3991 MUST THEREFORE BE GIVEN THE SAME MEANING AND THE SAME FORCE AND EFFECT WHETHER THE RATE OF BASIC PAY RECEIVED WHILE SERVING AS CHIEF OF STAFF IS GREATER OR LESS THAN THE RATE OF BASIC PAY AUTHORIZED IN FOOTNOTE 2 OF SECTION 3991. QUESTION D IS ANSWERED IN THE NEGATIVE.

SECTION 3504 (A), TITLE 10, U.S. CODE, PROVIDES:

(A) THE PRESIDENT MAY ORDER ANY RETIRED MEMBER OF THE REGULAR ARMY TO ACTIVE DUTY. HE MAY ASSIGN A MEMBER ORDERED UNDER THIS SUBSECTION TO SUCH DUTIES AS HE CONSIDERS NECESSARY IN THE INTERESTS OF NATIONAL DEFENSE.

SHOULD THE OFFICER'S RETIREMENT BECOME EFFECTIVE ON JULY 1, 1968, THIS OFFICE WOULD NOT BE REQUIRED TO OBJECT TO HIS BEING PAID AS CHIEF OF STAFF, UNITED STATES ARMY, FOR JULY 1 AND 2, 1968, IF HE IS RECALLED TO ACTIVE DUTY FOR THOSE DAYS TO COMPLETE THE 4-YEAR TERM WHICH COMMENCED ON JULY 3, 1964. SEE IN THIS CONNECTION 8 COMP. DEC. 895; 10 ID. 56. QUESTION E IS ANSWERED ACCORDINGLY.

IT APPEARS PERTINENT TO ADD THAT IF THE SUBJECT OFFICER IS RETIRED EFFECTIVE JULY 1, 1968, AND IS RETAINED ON ACTIVE DUTY THROUGH JULY 2, 1968, OR LONGER, HE WILL, WHEN RELEASED FROM SUCH ACTIVE DUTY, BE ENTITLED TO RECOMPUTE HIS RETIRED PAY UNDER THE METHOD PRESCRIBED IN SECTION 1402 (A), TITLE 10, U.S.C. FOOTNOTE 1 TO THE ABOVE-CITED STATUTORY PROVISION PROVIDES: FOR A MEMBER WHO HAS BEEN ENTITLED, FOR A CONTINUOUS PERIOD OF AT LEAST TWO YEARS, TO BASIC PAY UNDER THE RATES OF BASIC PAY IN EFFECT UPON THAT RELEASE FROM ACTIVE DUTY, COMPUTE UNDER THOSE RATES. FOR A MEMBER WHO HAS BEEN ENTITLED TO BASIC PAY FOR A CONTINUOUS PERIOD OF AT LEAST TWO YEARS UPON THAT RELEASE FROM ACTIVE DUTY, BUT WHO IS NO COVERED BY THE PRECEDING SENTENCE, COMPUTE UNDER THE RATES OF BASIC PAY REPLACED BY THOSE IN EFFECT UPON THAT RELEASE FROM ACTIVE DUTY. FOR ANY OTHER MEMBER, COMPUTE UNDER THE RATES OF BASIC PAY UNDER WHICH THE MEMBER'S RETIRED PAY OR RETAINER PAY WAS COMPUTED WHEN HE ENTERED ON THAT ACTIVE DUTY.