Page:United States Statutes at Large Volume 39 Part 1.djvu/600

 SIXTY-FOURTH CONGRESS. Sess. I. C1-1. 417. 1916. 579 who are restricted by law to the performance of shore duty only and in that of officers who may hereafter be ass`vned to e `neering duty only shall be based upon their comparativelhtness foxilgne duties prescribed for them by law. Upon promotion they shall be carried Smm as additional numbers in grade. The board shall recommend for {promotion a number of officers in k,,R ','f,§'f each grade equal to the number o vacancies to be filled in the next _ hgher grade dining the following calendar year: Prowkled, That D0 €$°X'§'$°;i·¤m. ieo cer shall be recommended for promotion unless he shall have ¤¤*¤*d· received the recommendation of not less than six members of said _ board: Promlied further, That the increase in the number of captains °‘“’°°"‘° l“""‘°‘ herein authorized shall be made at the rate of not more than ten captains in any one year. he report of the board shall be in writing signed by all of the R°"°'°‘ members and shall certify that the board has carefully considered the case of every officer eligible for consideration under the provisions of this law, and that in the opinion of at least six of the members, ,,,’§§°?,§‘,'§',L°“°'}°*°“’ the officers therein recommended are the best fitted of allthose under consideration to assume the duties of the next, higher grade, excppt that the recommendation of the board in the case of officers of e former Engineer Corps who are restricted by law to the perforniance of shore duty only, and in that of officers who may ereafter be assigned to engineering duty only, shall be based upon their comparative fitness for the duties prescribed for them by= aw. . _ The report of the board shall be submitted to`the¥President for P§§}],‘§‘f;{‘*°“ ‘° “‘° approval or disapproval. In case any omeer or officens recommended Suwggm for ¤¤- by the board are not acceptable to the President, the board shall be I ` informed of the name of such officer or officers, and shall recommend a number of officers equal to the number of those found not acceptable to the President and necessarg shall be reconvened for this puiiplose. me M tu _ When the rgport of the board s all have been approved by the esi- priiyfii to pi-¤m¤¢& dent, 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: Promlded §¥§’,‘f,';3,,,u.,,,, ,,. That any oH;icers so selected shall prior to promotion be subject in all ‘1“g§Q&°”°· 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 therea ter be ineligible for selection “ and promotion. And should any such officer fail to pass the required physical examination he shall not be considered, in the event of retirement, entitled to the rank of the next higher grade. » A ml On and after June thirtieth, nineteen hundred and twenty, no Taxa ni:} June LI ca tain, commander, or lieutenant commander shall be promoted gmunless he has had not less than two years’ actual sea service on sea- A mm going ships in the grade in which serving or who is more than may- Ph ‘ six, fifty, or forty- ve years of age, respectiveg: Provided, That e axuaémgauzyam qualincation of sea service shall not [apply to officers restricted to the ‘”°‘ °"· _ performance of engineering duty 0 y: Prmrided further, That cap- p,f,’,*,§$g‘f,,, tains, commanders, and lieutenant commanders who become ine '- ¤f¤e¤¢¤b•r¤=i¤•d- gible for promotion on account of age shall be retired on a percentage of pay equal to two and one-half per centum of their shore-duty pay for each year of service: Provided further, That the total retired P°’ "‘°"°°°°‘ pay shall not exceed seventy-five per centum of the shore—duty pay the were entitled to receive while on the active list. _ lgxce t as herein otherwise provided, hereafter the age for retire- §f“§ff‘§§°·1§‘4_ P_ ment of) all officers of the Navy shall be sixty-four years instead of %<t¤¤¤*¤d¤¤· sixty-two years as now prescribed bg law. Nothing contained in this Act s all be construed to reduce the N° {§,§,‘fi§{§‘ °* . v¢¤•¤ » rank, pay, or allowances of any officer of the Navy or Marine Corps as now provided by law.