Page:United States Statutes at Large Volume 44 Part 1.djvu/1124

 §—271 _¤·12·1.s :4. ‘335. Eiigibillty of phief boatswaias, chief gimncrs, and chit! mdchiv ist: fcrhppointmcpt as ensigus. — _ _ 336. Phgxjmacists ccmgnissicnecl chic! pharmacists; · 337. Pay cierks cemmimsioned chic! pa; clerks. p  —~ AuvA§CEMExT IN. RANK FOR ELHNENT AND CONSPICUOUS _ . CONDUCT ‘ -· he =‘ . 341: Advancezghaent gh number} ·. _ 842. *Adva¤cemc~m as •€ecting promotion when higher grade is full. 343. G§ce`rs adwjaxaced and latcvpmmoteé carried as additional 11111;:% ' bers. · . - 344. 0&ci>x·s advanced fofservices in Spanhsh war qdrricd ah additional numbers. _ ‘ . » ‘ p ` 345. Aéwanccment 01 ol'§cers.rey¢eiviug thahks of Congress. P · I J 846. Advancement: resulting from thanks of Congress; as affecting ( other 0Q6crs. · _,  ‘ ' S 347. Fi§1in‘g vécancies cau§ed by déa/th of émcrs advancedhs requltot thanks of Congress. · " ‘ ` ’_ _ GENERXL PROVI/SIONS_ .‘ M Section 271. Physica! examinatiah as prercqtiisite otc pmmoé tic¤.—SuUject to mé pwijsious of Section 284 no ofticcxr sle;m1l`_ be promoted to a higher grade on the `activé list of the Navy, except in the msc pmvidei ixi the next section, until he has _ been examined by a Aboard of paval usurgeoris and ptonopuced physicaliy qualified tg perform 'a11’ his du€icS_ `at sea. (BJ S. 272. EEect of examinatiui sh¤Wi¤K P}\$'d¢al‘  by 'wouads.-—The prcvisionilct the preceding. section shali not ” exclude from the prouiétion {0 which he would $i;bgrwis~e‘ be-- reguiarly entitled ini; cme: in wh0§e case such medical , board ’ may repofrt um his wysmn diéqugliicatiim was oegaamea by` do nctjucapacitate-’him for other dutiés in the grade fo, which he shali be promoted. (R. S. -§ 31494.) ·  K 273. When applicants for examination entitled __ tl;er¢t0,——- 0@ccrs gxibject to examination before promotion to a` grade limited ix; number by law shall pot, bé 9n£iflei1"t0 cxaminw ation in such a Qgase as bc gilve increase bf 'pay until desig-· ' hated by the Secretary df the ’Navy to till vacancies in the higher grade; and omcers {eligible for promotion. to h grade. '  limited i¤/ izumbeii shall not be entitled to. examination maizil ordere;1 to presepti themselves fore cxaminatiqui_or until ape class, in which they are includegi, has been so . ordered by the Secretary ,0f the`Navy. (R.; S, {1495.j   ‘ -  27 4. Mental, meal, `angl profcuicunl exnninnthn; appoint? 1 ment of{£X8$il\iRK(.b0I!d·mSllbj€CC no me provisions; or section  @4 no ¤§cer shall be promoted to ahhighcr grids on the active list of the liavy .1iut.i1 his mental, moral, and mote? mmm Hmesé Jto pepiorm all his duties at sea havebocn xtab-, ’ lished to the satisfaction Gt 0, board of cxn1i1ini1;g‘ ofticprs appcipgéd by 'the Presidept · or as*proy{ded 111 section 233. (R._S. L14£6; Mar. 8, 1%,.c. 413, 5 4. 30 Stat. 10Q5.·) A · ‘ 1 · 275Q Composition of mard.——;¥Such ‘ examining board shall consist of ppt less than three omcers, senior in rank to the 0&(.‘€l' to be qxamipedx (R. S. .§ 1198.) · I  ‘ 1 276.-‘Pmvers‘0f board.——-8aid board shall haye power to take testimony and txfexamine all matter cii the iles, g¤d._r¢c¤i·dsof the Navy Department rclafiug td any nwcer whose mae may be considered by them-. The wvituewas, when present, —p shall be sworn by thé pfesidebt cf, the board :_ Provided, Thitw no tact which becgured- prior to the inst ekamlbation of the candidiité {whereby he was -pr0m0ted,; which has   inquired  _· into and decided x1p¤n,_pha11,bc again luquirqd mm, bint meh previous gxamihaticn, it approved, shall he coaeiusivég umm l such _ tact. ccziginuing shcvks the IIHHHEESSI ot the omcgr to] perform' allhlé Aiuties hz seul . (R. S. l 1499; Jun¤’18, 1878, T c. 267,§1,20·8tat. 166.) .‘ "_ ~ _ _ ' 277.J0%r mi! be _)l'£I¢§\¢\ md make miccr whose mss is to be gated upon by ¤¤& _ ‘e;•mi ¤i¤3t
 * 51493.) ‘ ‘ .  - 1 j ' _
 * *0!1HdS>1*€(!§ié€d` in the line of his `duty, and that such wounds

·*’“" 1.1,10, emardshalljhave  right to be W&t.’if he so degiygéf and to mbmlt aatatemnt ofhts  on oath. (B. S. 5   ,—_ 278.   etproeeeégas d   mmm,. “ orsueh oacer, lf made,   the  NM  of &e. wimeam and his ersmlnation wall be reeorded. > (RAS.-} 1501,) ·  27Q.   of Endings to   for al>vroval ._. ·' Subject to tho provmens of sections 276 and   any matter on the nlm and rmords of the New Department; ton.,-h- ing each cage, which may, ln the opinion ot the board,·be—nooeg. sary to assist them in making up their judgment. Shan; together with the whole record and nndlni, "be   to the ·Pros1:' dent forhis approval or dlmpproval of the ¤ · · (R. S. S $80. Secretary of- 'Navy ennpowered to act for Prmdent og records of board-The President is aathorlaeo to direct me Secretary of the Navy to takes snchQ owen on the records or t proceedings of naval examining boards and boards of naval surgeons `for the promotion of _ omers d the Navy as is now required by law to `be taken by  (lay 22; 1917, .c. 20,·§ 20, 40.Stat. S9.}   ‘   _.  » '_ ' 281. O&ccr_-not torbe rejected   p£e exsnhation;-7 No oqlcer shall be rejected until after md   examination of himself and of the records of the Navy Dmrmnt in his ,., h case, unles he falls, after havingbeen only   appear l before said   `(R.,S; { 15%.) ·· b _ _, 282; Report of   of amt fw pnaedm.-· Shch examine; b08l‘d Sh¤lI'I'e@0!'t their · iee e  vo ation of .any ?o1llcer for promotion in the following form: “`We, hereby _ ijcertify that --1- ———·— has   mqtal, moral, and profes-` sional guallhcations to performa cbcmtly all · the `dntlm, both at sea and on `s&re,·°of the grade to which heh M be promoted, and recommend himfor prornotion.’*` (R; S; §`1@) ( _ 288.  from   of   net professionally ,qn•li§ed.—Subject to' the provl@ ofenection 300, any- oMcer.`of__the Nelly ._on‘the‘ aetive list below  rank of commander who, upon examination for promotion, is ‘ foond _ mot `professionally qualjned, ahall be  from promotion for a period of six monthsyfrom. the éate, of, appronal of said examination, amnnane armor a log of nmbers equal to the average slx" inonths’ rate of prmotion to the grade for which said olllcer ia undergoing examination dulng the are * Gscaf years next preceding. the date of approval of aid ex- — amlnation, and npon the termination of said sn@ston from promotion he shall bé reexamlned, and in ofhis fallore -nponIsnch reexaminationnhe shall be dropped non we soft-· ice with not more, than one-year’s psy. (K 8.1* Nw; MM`- 11, 1912, c.   87 Stat. 73.) _ _ ' _ 284. Laws "rclathe to examination ap l• to advancementjof sta! ‘@cers.·-—·.&ll lavvfielatlng to the examination of officers of the Navy for pronouns shall   r¤ed to shit}? to the regular advancement of staH olllcem to .his§__;_er ranks on the active list the soho as @@5 sn&  in l rank ,were proinotions to higher gindes:   That examinations for anch stat! 'oia n s:   not be   except for such regular advancemote ln rank. (Kay ¤, 1917, c. 29. §20,40Stat.&;July 1,I918,c.114,44}Btat.7(B.)” .· _ 285. ·Examination of o&cers otline to ¢§§ll§¢¥i¤5 dntles.··—-:0®cera of the line of the Navy aggwdto wgneerlng dnt; only under section 71 shall be pmmoted   vacanciesoccur subject to phydcal eiamnation and to sn& examination ln engineering as the‘—1,:»»  Q ry of the Navy may proacrlbe. `(Ang. Q, 1916. c. 417, $ 8tat.o580.) . _ ‘ MODE OF PROMOTIQN T0 GRADES GF (NMMANDER. Q CAPTAIN,. 291. In general.-Subject to theprovlsions of sections 341 and .845 all promotlous to the  of coinmandergcaptaing and will admiral of the line of the Navy, including   tio¤ of t