Page:United States Statutes at Large Volume 43 Part 1.djvu/1303

 1272 SIXTY-EIGHTH CONGRESS. Sess. II. Ch. 536. 1925. M¤ri¤¤ ¤°¤>S· MARINE coars PERSONNEL. P*°m°**°“ "°‘°" Sec. 7. That no officer of the Marine Corps below the grade or iiiiiiiiia siiimgaxmnciiié rank of colonel shall be romoted or advanced in grade or rank g3°f1{l{§§Z.YS;§i°is;`i°°°] gl the activ?] lgstl uigess the examgngnggnoagltppovi edgorfin Sie ` °'·"»P· · ct approve u y 8, 1892, entite c 0 provide or ie examingtion of certain officers of the Marine Corps, and to regulate promotions therem " (Twenty-seventh Statutes, page 321), shall, in addition to making such certificate of qliiahfication for promotion or advancement as may be prescribed by the Secretarg of the Navy, certify that there is sufficient evidence before the boar to satisfy the board that the officer is fully qualified professionally for the higher ade or rank. y§}, °,f,,*f,’1§’,§,*f grThat any officer of the Marine Corps_ who fails to qualify professionally upon exam1nation for promotion or advancement shall be reexamined as soon as may be eipedientcpftzr the expiration of foliie ear if he in the meantime again ecomes ue or promotion, an i e does not in the meantime again become due for promotion he shall be Pmim reexamined at such time anterior to again becoming due for promoniess trim 1p_y¤m* tion as may be for the best interests of the service: Provide, That °§,T‘§i,,°§,§,Pk§i,'?;‘iS1‘§‘h;,2 if any such officer of less than ten years’ total active service, exclusive adwitb °¤° Y°°"¤ PW- of service as midshipman or cadet at the United States Naval Academy or the United States Military Academy, fails to qualify professionally upon reexamination he shall be honorably dischar ed §»E:s?‘ti>mii•? igtiinwiii from the Marine Corps with one year’s pay: Provided further, That m‘},°¤$,_°wb1° M °'°` if any such officer of more than ten years’ total active service, exclusive of service as midshipman or cadet at the United States Naval Academy or the United States Military Academy, fails to ualify professionally upon reexamination, he shall not be discharged from the Marine Corps on account of such failure, but shall thereafter be _ ‘ ineligible for promotion or advancement; and any such officer shall R‘°"'°'“““"°“'· be retired with a percentage of the pay received by him at the date of retirement equal to 2% per centum for each year of total active service to be computed in accordance with the provisions of section V°'·*2·P·°”°· 1 of the Act entitleéi "A(p Apt tchreadjust tpe pay] and allowances of the commissione an en iste personne o the Arm, Na Marine Corps, Coast Guard, Coast and Geodetic Survey, anyd Publiid Health Service,” approved June 10, 1922, not to exceed 75 per centum, upon attaining, or if he had previously attained, the ages in the various grades and ranks, as fol ows: L1eutenant colonel, fifty years, ma]or and company officers, forty-five years. _ _ p§,{*,§§,d}°,f,,§,°'}$f,‘Q,’”,§,,l{j That hrigadier generals of the hne shall, sub]ect to physical ¤¤¤1= ·>¤ ¤¤i¤\>¤·¤_1i¤¢- examination, be appointed from colonels of the line whose names are borne on the eligible list prepared amiually by a board of not less lphalp fiv; general officers of the Marine Corps, and approved b the resident. ,,,·}£*’,§",§§,§‘,E',°{}§,§,,,‘{E yThat hereafter, as vacancies occur, the heads of staff departments ¤¤¤¤¤· shall be appointed for terms of four years from officers holding _ _ _ permanent appointments in the departments in which the vacancies b]§{‘,g‘§?'“°‘°” °' °“"" occur whose names appear on eligible lists repared annually by a board of not less than five officers of the Mldrine Corps above the grade or rank of colonel, including the major general commandant and the heads of the staff departments, and approved by the President, but no head of a staff department appointed for a term of four _ years shall sit as a member of the board durinv consideration of mgment Mm names for the eligible list for his department: Provided, That in ¤¤1<i,c¤1ws. case there be no officer holding a permanent appointment in a staff department whose name is borne on the eligible list for appointment as head of that department, the appointment shall be made from