Page:United States Statutes at Large Volume 44 Part 1.djvu/1130

 § 383 · TITLE { 1, 30 Stat. 1004;  § 8, 30'Stat.1006; May 13, 1908, c. 166 Stat. 128; A g. 29, 1916,/0. 417,, 89 -Stat.5?9.) _ _  * ·   ’ · Q
 * 383. Retirement after thirty yearn' service`-—When an odlcer

- at the _Nayy has been thirty years in the service, he may, ppb; his, own application, in the discretién of I the President, be retired from active serriea and placed upon the retired list with th-ree=fonrths.0f the highest piayaof his grade. (May 13, 1908. ,¤.1a6,.sssmr.12s.>_ ‘ . _ _. _  `· 3§4. Zkgelcf lretireinent.—W'l1en any offlcen below the~rank_ oi · vice admiral is sixty-four years old," he sball beretired by the President frnm active 'service.' (R. S. §_·1444.;» Aug.`29, 1916, "ie. _417, 39 Stat. 579.) J P "’‘_  H - _ ‘ · 385. OEcera net in be retired for misconduct.-—-No officer. 01 the Navyshall be placed on the. retired Hat because of miscon- · duct; but he shall be brcughtitc trlal`·by éourt-martial for such . misconduct. (R. .S._§ 1456.) t _ · - . 1 _ . · 386; Discharée of oheers mam; for promotion by rem: ef drunkenness of pther mis~co¤duct.—Wl{enever on an inquiry » had pursuant to law, eoncerningihe Htness of an 0iBéer dftbe - Navy far promotion, it ahall- appear that sinch officer is llllgl to perform at   the duties of the place. to which it is pro posed in promote hirn; by reason of drunkenness, 011 from any cause arising- from his own misconduetgf and ..baving‘—.been in formed nf andheard upon the charges against him, he·‘si1all not/be {Hatred! an the retired list of t]10·N8V'Y, and if- the iindi ing of the beard be apprbved`. by the President, he`_sbalr be discharged with not znore than one year’s Day. (Ang. 5, 1882 c. 391, 51, 22'Stat. 286.), ·  ·' _ ·_   __ _ U - 387. Voluntary retirements, to create vacsm:ies.—Oifléere 01 the line in the grades of captain, commander; and lieutenant commander may, by 0&cial application to the Secretary oij tht ’ Navy, have their names, placed on a list which shall be know: as the list of "Applicai1ta for voluntary retirement," and yvhem at the end ot any fiscal year the average vaeaneies fof the fiscal years subsequent to Marcb 3, 1899, abovje the grade of com mander have been lensthan t_hi;E·teen,_ above thegrade of lieutenant commander le_ss`tl1an téfenty, above the. grade of lieu t tenant less than ta*enty-nine; {md above the grade of lieutenant _ (junior grade) less than forty, the·-President may, in tlxe brde1 at the rank of the applicants, place a s@éient number jr the retired list to cauge the aforesaid vacancies for the Hsml W year. then being considered. (Mar. 3, 1899, c. -413, 5  3( Stat, 1096; Ang. 22, 1912, c. 335,37 Stat. 328.) _ t 388. Rank and pay ‘af céger an retired.——-—Any‘·,i1flicerl retired " .unde1·,the~ provisions of the preceding section shall, be retired with the rank and threeionrtha the   pay ot the grade from ,which· he is retired. (Aug. 22. 1912, e. 835, 37 Stat. 828.), . 389. Grades ‘ and stats of retired * o&eera; privileges and Iiabilitie£.—~Ex`cek>t an otherxvisaipxjovided in this title, cffiéera retired from active service shall be placed on the retired list: 01 ciilcers tr the grades to which they bel0nged.respectively_at the time cftheir retirexnenti and COI1tll1\1€‘t0°b§ borne on the Navy Register. They shall be entitled to wear the unitdrni 01 their respective grades; and shall be. subject to the rnlea {and articles for the goyernment of the Navy and to trial by general courtmartinl. The ynamea of o&eera wholly retired from tha servlet ehallbe omitted from the;Navy°Register. (R. S. 9 1457.) ' I .390. Retired &·ank`t af o&cer failing in physical exaxninw tina.--Hereatter, it any pmcerx dt the United Statm Navy, below the rank ot lieutenant commander, aliall tail in his physical examination for promotinn ” and be found lnmpadtated for service] by reason of physical disability cqntraeted ln the line cf duty, heehall be_retired with the rank to which his seniority ° entitled hlé in be prqngnted. (Mar. 4, 1911, c, 239,i36;Stat. 1267 ; ,Ang.¢29, 1916, c. 417, 39 Stat. 579.; July.1, 1918,yn. 114. ,40 Stat. 718.) ~ ‘. t ‘ »

’*+T"MW"  1116 o p- iam;-,;;.A¤y ’¤mcer ot the Navy, with_ 8 créditabié I-;£;;e,».~? who served ·_dur@g the  War, shall, when retired`, be et; r tired with the rank and threofourths the sea pay of 'the met e I` 392; Retirement in next higher 2l’8#€.·—··AR$’ odiizor of me ’ l Navy ms; above tm grade otfcaptain who served with creme ag ,_ on owcer, or as an enlisted, man in the regular or woxunmee- _ forces during the Civil War pgior to April 9, 1865, oth`o¤·wi>~e !‘ than as.; i:adet;{and whose name  mma on the omci:11 register ,3 or the Navy; and who has herotofvfe been or ¤Q_,béx·ws;§§ , beg retired on.ajccount·_o£ wounds or disability incident to me {service or on Iaccounf of do or after forty youd service,. mg [ i¤_ the discretion of the Breddéntx by umfwith the ad€m·q· Qi ' , consent of the Senate, be pleced Q5 the Pétiréd list of the N;i·.··,~ i‘·, with the talnk dud rétixed Day ot o¤e‘81‘¢de eboveihat actuaue » "t1e1d·by him ac the timejof retirement: Provided, That th'i‘s . ._ ‘ section shall not apply to any omcer who feéeived an ad·.·;m%g _ ,_ ot gradelat or since the daite of hiéretirement or €vho_has'1,m~,, restored to the Navy, ood placed on the retifed by virtm of . c.3590,·34 Stat;554.)" . _` .- ‘ A _ " “ y _   not t• be deprived •f   rank md_poy,».. . The provisions of the Dlieceding section providing toxythe rp; _ [ tirement in the   higher `grade oi o§eers of the Navy whoi .' served during the Civil War, shall not operate to deprive {my 5 otiicer ot the Navy who has been, or émy be, retired, stove · _ June 29, 1906,oI the right to if1ci·ea@ fen}: and my to which, but for said section, he would have been wtitled. (Mar. 3, A g 1909, c. Z55,`35 Stat; 753.) . ·_._ _» ¢ t 394. eCommiseio¤s` to retirede 0§C¢l*8 `— ndvmced · in i:¤k.!·• I retired-list whose rank has been or phgll hermiter be advanced ,_ by ppexéation of or in accordance with law shed be entitled to [ and shall receive commissions in accordancewith such advanced. . Urank. _(Mar. 4, 1911 ,`e. 266, 38 Stat. 1354.) _ Q . 395{ 0&ccrs' of Medical and Supply Corps, ch•p1oi¤s,`pro· . fessori of A mathematics, and constrt1cto_m.~Omcex·s of `zhe 5 Medichl and Stipply Copgis, eheplains, ppofessors of _· mothe- [ dore; and omcerst of these several gorps who heye been or shell { be retired for age after completing forty years from their entry 1 who shall have served faithfully ontil i·etired,! shall have tip: { with themnk of commodore, under the provisioris ottihiis section unless he has {attained at  the time- ot retirengxeot the ZPHHR I ot éapmiszrin the Navyi (R. S. S 1481; Aug. 5, 1882,_c, 3*91, 22 é- Stat. 286; Mer. 3; 1899, c. -413, { 1, 30_Stat. 100%; Mor; 3, 139;}, { c. 413, § 7,30 SIRCA006*; Aug, 29, 1916, of 417, 39 Stat. om; y Stat. 1271.). __ . " · _ J _ _  - e _ 396. O$éersY of N eval Dental Cerps.4-(>§`ioe:·st of the Novo! - .m&m1e1·* and under the aime conditiooe was now prescribed i>Y_ e law ‘foi·_oEcee17s¤ot the Novel Medical Corpse except that section 382 shall not be apmiceblo to degtal omoergeand they ehairnot  be entitled to rank above lieutenant commander og the retiizjed - listed or to retired pay above thet ot captain. No dental odiier  in the Navy who on original appointment gg dome] o®cer was · dd overttorty. years of age shelletbé ·éIigib1e_i’or retiéemeet before e he has reached; ther age of seventy years, except; for physical · disability, incurred in line ot duty. (July 1, 1918,,c. 114, 40 ., Stat. 709.)' " “ ’ .   A . , 397. Sta§' o$<:ere tetirwf for causes iméident to e-service.-—· t  Except as otherwise provided in this Code, sum o&cere,. who
 * _391.» Retired ;fink_ and pay of~»¤$¢ers‘ of Civil Nur-`;
 * _ higher‘g·a.do. _/(Mari 3, 1399, 9.413. § 11, 30 Stef. 1007; "
 * - the provisions of ,a éj1ecia1_Act of Qoagress. (June 29, woo,
 * ‘o Commissioned 0m_(!é1`S,_ ot the Navy and‘Mdri1ié Corps oo. ine
 * _ `mziticg, dud constructors, who shall have served faithfully for
 * forty-five yearé, shall, when retired, have t;1e·.re1ik ot commo¢
 * into the service end ·bé£01‘€.-h&YtiDg*o»=§8fVéd forty-Eve years. but.
 * rankot comonodoyez `Pkovfded. That no person shot} be ·I°Qfift’d· ·
 * July 11, 1919; c. 9, 41 Stat,. 147; »Mar. 4,  c.` 536, § 5, 43
 * Dental Corps shall become eligible ifor retirement in the`·somo