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United States Code, title 34, section 311.-Sea service and age of captain, commander, or lieutenant commander: No captain, commander, or lieutenant commander shall be promoted unless he has had not less than two years' actual sea service on seagoing ships in the grade in which serving or who is more than fifty-six, fifty, or forty-five years of age, respectively: Provided, That in exceptional cases where officers are specifically designated, during war or national emergency declared by the President, by the Secretary of the Navy as performing, or as having performed, such highly important duties on shore that their services can not be or could not have been spared from such assignment without serious prejudice to the successful prosecution of the war, the qualification of sea service in the cases of those officers so specifically designated shall not apply while the United States is at war, or during a national emergency declared by the President, of within two and one-half years subsequent to the ending of such war or national emergency: Provided, That the qualification of sea service shall not apply to officers restricted to the performance of engineering duty only. (August 29, 1916, ch. 417, 39 Stat. 579; July 1, 1918, ch. 114, 40 Stat. 717.)

United States Code, title 34, section 295.-Service in grade necessary before selection: No captains, commanders, or lieutenant commanders who shall have had less than four years' service in the grade in which they are serving on November 30 of the year of the convening of the board shall be eligible for consideration by the board. (August 29, 1916, ch. 417, 39 Stat. 578.)

further, That if the number of officers in any grade on the promotion list shall at any time be insufficient to fill vacancies then existing and which may occur in the next higher grade prior to the convening of the selection board next ensuing, the Secretary of the Navy may, in his discretion, convene a selection board to recommend for promotion such additional number of officers as may be necessary to fill said vacancies.

SEC. 3. Except as provided in section 7, captains, commanders, and lieutenant commanders, who shall not have been recommended for promotion to the next higher grade by the report of a line selection board as approved by the President prior to the completion of thirty-five, twenty-eight, or twenty-one years, respectively, of commissioned service in the Navy, shall be ineligible for consideration by a lineselection board.

SEC. 3 (continued). and any officer in said grades shall likewise be ineligible for consideration who on June 30 of the calendar year of the convening of the board shall have had less than four years' service in his grade: Provided, That the commissioned service of Naval Academy graduates, for the purpose of this section only, shall be computed from June 30 of the calendar year in which the class in which they graduated completed its academic course, or, if its academic course was more or less than four years, from June 30 of the calendar year in which it would have completed an academic course of four years: Provided further, That except as provided in section 7, officers of any grade commissioned in the line of the Navy from sources other than the Naval Academy, shall become ineligible for consideration by a selec

United States Code, title 84, section 291, in general. Subject to the provisions of sections 341 and 345 all promotions to the grades of commander, captain, and rear admiral of the line of the Navy, including the promotion of those captains, commanders, and lieutenant commanders who are, or may be, carried on the Navy list as additional to the numbers of such grades, shall be by selection only from the next lower respective grade upon the recommendation of a board of naval officers as herein provided. (August 29, 1916, ch. 417, 39 Stat. 578.)

NOTE.-Sections 341 and 345 pro

vide:

"341. Advancement in number: Any officer of the Navy may, by and with the advice and consent of the Senate, be advanced, not exceeding thirty numbers in rank, for eminent and conspicuous conduct in battle or extraordinary heroism; and the rank of officers shall not be changed except in accordance with the provisions of existing law, and by and with the advice and consent of the Senate. (R. S. par. 1506; June 17, 1878, ch. 260, 20 Stat. 143.)

"345. Advancement of officers receiving thanks of Congress: Any line officer, whether of volunteers or of the regular Navy may be advanced one grade, if, upon recommendation of the President by name, he receives the thanks of Congress for highly distinguished conduct in conflict with the enemy or for extraordinary heroism in the line of his profession. (R. S. par. 1508.)"

United States Code, title 34, section 300.-Effect of President's approval; examinations; failure to pass: When the report of the board shall have been approved by the President, the officers recommended therein shall be deemed eligible for selection, and if promoted shall take rank with one another in accordance with their seniority in the grade from which promoted: Provided, That any officers so selected shall prior to promotion be subject in all respects to the examinations prescribed by law for officers promoted by seniority, and in case of failure to pass the required professional examination such officer shall thereafter be ineligible for selection and promotion. And should any such officer fail to pass the required

tion board when the members of the Naval Academy class next junior to them at the date of their original permanent commission as ensign or above become ineligible for consideration under the provisions of this section.

SEC. 4. The names of all officers recommended for promotion to the next higher grade by the report of a line selection board as approved by the President shall be placed on a promotion list and, except as otherwise provided in this section, shall not be considered again for the next higher grade by any subsequent selection board. Promotions to fill vacancies in the grades of commander and above shall be made from officers of the next lower grade whose names appear on said promotion list.

SEC. 4 (continued). Officers so promoted pursuant to the recommendations of the same report shall take rank with one another in accordance with their seniority in the grade from which promoted, and officers recommended in an earlier report shall, when promoted, have precedence of officers recommended in a later report: Provided, That the Secretary of the Navy, may, in his discretion, with the approval of the President, remove the name of any officer from said promction list and submit it to the next ensuing selection board for consideration and recommendation. If recommended for promotion by said board and approved by the President, the name of such officer shall be replaced on the promotion list

physical examination he shall not be considered, in the event of retirement, entitled to the rank of the next higher grade. (August 29, 1916, ch. 417, 39 Stat. 579.)

United States Code, title 34, section 992.-Pay of captains, commanders, and lieutenant commanders ineligible for promotion on account of age: Captains, commanders, and lieutenant commanders who become ineligible for promotion on account of age shall be retired on a percentage of pay equal to 2 per centum of their shore-duty pay for each year of service: Provided fur

in the position from which removed, without prejudice, by reason of its having been temporarily removed therefrom, and when promoted such officer shall take rank in accordance with his seniority on the promotion list at the time his name was removed therefrom. If not recommended by said board, such officer shall be subject to involuntary retirement, as provided later herein, under the same conditions in all respects as though his name had not previously been placed on the promotion list. If the name of any officer shall be removed from the promotion list of officers in any grade and submitted to another board as herein provided, the number furnished said board by the Secretary of the Navy to be recommended for promotion to the next higher grade shall be increased accordingly.

SEC. 5. All officers who are not on the promotion list and who, after completion of the designated periods of service as prescribed for their respective grades, become ineligible for consideration of a line-selection board in accordance with this act, or who, if on said promotion list, undergo the required examinations for promotion and are found not professionally qualified, shall be transferred to the retired list of the Navy. All lieutenants who are fortyfive or more years of age, or who have completed twenty or more years of service, counting all service for which they would be entitled to credit for voluntary retirement, and who undergo the required examination for promotion to lieutenant commander and are found not professionally qualified, shall be transferred to the retired list of the Navy: Provided, That if such lieutenants were permanently appointed as ensign or above in the permanent line of the Navy while holding permanent warrant or permanent commissioned warrant rank in the Navy they shall have the option of reverting to such permanent warrant or permanent commissioned warrant status in the lineal position to which their seniority would have entitled them had their service subsequent to such appointment been rendered in the status to which they revert.

SEC. 6. Officers retired pursuant to any section of this act shall receive pay at the rate of 2% per centum of their active-duty pay multiplied by the number of years of service for which they were entitled to credit in computation of their longevity pay on the active list, not to exceed a total of 75 per centum of said active-duty pay: Provided, That because of variations

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in the date of entry into the Naval Academy of members of the classes of 1906 to 1916, inclusive, ranging from June to September, a fractional year of nine months or more shall be considered a full year in computing the number of years of service of members of those classes by which the rate of 21⁄2 per centum is multiplied.

SEC. 7. When the number of voluntary transfers in any fiscal year from any grade to the retired list pursuant to this act would otherwise exceed one-seventh of the authorized number of officers in said grade, less oneseventh of the authorized number in the grade next above, as determined by existing computations, the selection board concerned shall designate by name such excess of officers for retention on the active list until the end of the next fiscal year. Officers so designated shall retain their eligibility for selection and promotion during said year. If not recommended for promotion or again designated for retention on the active list, they shall be transferred to the retired list in accordance with the provisions of this act: Provided, That the selection board may in any fiscal year designate for retention on the active list until the end of the next fiscal year any officer who has lost numbers or precedence and has been promoted after suffering such loss: Provided further, That all transfers to the retired list pursuant to this act shall be made as of June 30 of the current calendar year and the resulting vacancies shall be regarded as occurring on that date.

SEC. 7 (continued). And provided further, That such number of the graduating class of the Naval Academy may be commissioned as ensigns in excess of the total authorized number of commissioned line officers of the Navy as in the opinion of the Secretary of the Navy may be necessary to fill vacancies which will occur prior to July 1 of the current calendar year, and thereafter no further appointments shall be made in the grade of ensign until the total number of commissioned line officers has been reduced below that authorized by law.

SEC. 8. In making any computation required or authorized by or pursuant to this act there shall be excluded from consideration those officers carried by law as additional numbers, and whenever a final fraction of one-half or more occurs the whole number next above shall be regarded as the authorized number.

United States Code, title 34, section 9.-Rule where final fraction occurs in computing number of corps, grade, or rank: Whenever a final fraction occurs in computing the authorized number of any corps, grade, or rank in the naval service, the nearest whole number shall be regarded as the authorized number: Provided, That at least one officer shall be allowed in each grade or rank. (August 29, 1916, ch. 417, 39 Stat. 577.)

United States Code, title 34, section 311-Service and age requirements.-Sea service and age of captain, commander, or lieutenant conimander: No captain, commander, or lieutenant commander shall be promoted unless he has had not less than two years' actual sea service on seagoing ships in the grade in which serving or who is more than fifty-six, fifty, or forty-five years of age, respectively: Provided, That in exceptional cases where officers are specifically designated, during war or national emergency declared by the President, by the Secretary of the Navy as performing, or as having performed, such highly important duties on sore that their services can not be or could not have been spared from such assignment without serious prejudice to the successful prosecution of the war, the qualification of sea service in the cases of those officers so specifically designated shall not apply while the United States is at war, or during a national emergency declared by the President, or within two and one-half years subsequent to the ending of such war or national emergency: Provided, That the qualification of sea service shall not apply to officers restricted to the performance of engineering duty only. (August 29, 1916, ch. 417, 39 Stat. 579; July 1, 1918, ch. 114, 40 Stat. 717.)

United States Code, Title 34, section 399.-Officers of Navy and Marine Corps specifically commended for performance of duty in actual combat during World War: All officers of the Navy and Marine Corps who have been specially commended for their performance of duty in actual combat with the enemy during the World War, by the head of the executive department under whose jurisdiction such duty was performed, when retired by reason of age ineligibility for promotion, shall be placed upon the retired list with the rank of the next higher grade and with three-fourths of the pay they would have received if not advanced in rank pursuant to this section. (March 4, 1925, ch. 536, par. 30, 43 Stat. 1279.)

SEC. 9. The provision in the act approved August 29, 1916 (39 Stat. L., p. 579; U. S. C., title 34, sec. 311), prescribing maximum age limits for the promotion of captains, commanders, and lieutenant commanders is hereby repealed.

SEC. 10. The act of March 4, 1925, section 30 (43 Stat. L., p. 1279; U. S. C., title 34, sec. 399), providing for the retirement of officers who have been specially commended for their performance of duty in actual combat with the enemy is hereby amended by inserting after the words "by reason of age ineligibility for promotion," the words "or ineligibility for consideration by a selection board after completion of the designated periods of service for their respective grades," so that the first paragraph of said section 30 will read as follows:

"All officers of the Navy and Marine Corps who have been specially commended for their performance of duty in actual combat with the enemy during the World War, by the head of the executive department under whose

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