Page:United States Statutes at Large Volume 44 Part 1.djvu/2066

 ·.§348a _ · »TITI;E .2.;.- Hereaitex? dll advancements cb the mnksl of rear admiral; u cziptaiu, and eqmmimder in each of the éstailcorpe abovemeu- 'p Q tioued; including the advancement oft stat! otilcerq who eare " or'may be carried 0n·the' Navylist hs hdélltiozgal to thenumi tz bers of such ranks, shall be·‘by selectioh only from-.StaH diiicers ·f· of ‘ the next lowef njeépectfve rank in the eogps cbucefued upon; `0 { the iécommendatieu of a lioerd 'of naval omcers as -hereiu¢ l; _at°tci‘ Pwvided: Provided, That nothing in this Act. ’ shall be s at  as authorizing or -permltting`tl1e {advancement of o anyofficer ei the Chaiylaixi Corps, or Dexital Corps to a highert f — rank than that ofleaptalu, hud the ranks of cpmmander hud 1* ` captain are hereby established ih thejgrade of g1eutal’surge0u:· 11 · Provided farther, That the advancements of staff dflicers herein f authoriied to. the ranks of Te;l1=.admiral',' captain, end Com- _ la _maudér sl1al1"be imule reganttlless lot mgmbersh or —pereen_tages_ t established bvany prior ·Aeté'fo1·.the.di:stribi1ti011 of staff Diff- A — cers in the ranks 017, grades of .suc·h corps`, and such pilot Acté a in so tar as they establish immbers`.0r_pe1jc;eritages-of stahl yr emcers in the various rahks 0;- grades hte hereby repeziledz :1 _Pmt·ided further, Thet nothing in"this Act’·shall be construed t _ as authorizing or permitting ln` tpepe1*nieneht, rank of rear 1 - admiral; exclusive of aglditibxnql--"u11mbers,· more ·th§u1ufo11r# t, o&cers df the Medical`C0fD»S, three embers of the Supply Corps,. t one ·Q0$cer as the Construction Corps, and one _0ifice;·· of the ·< ,.·Civi1 Engineer' Cqrpsr Provided furthéis;/That .'wb·en  staff ` silmféf is advanced by selection in accordance xvith_ethis Act ’. I to n' rank which does not now exist in· the grade held py hlui _( at the time of such advancement he §11a1l‘.l>e promoted terthe`. `I l_next higher grade ine-his corps at, thelsame time he is so ad- < vguced in rank: Prqvidéd fufther,  no stuff uflieer shalli 1 be advanced] tp the rank of rear admiral, ·ca;§tuiu_,? 01·_c6m·· 1 m¤uder,`except~ in accordance with the provisions ot this 'Act ’ .5 and by and with the advice and consent ot the Senate, but a ethis shall not operate to repeal sections 1506 and·1§07 of the 1 Revised Statutes? .(J¤1ne_10, 1926, c._ 529, { 1, 44 Stat. 7r17._) "| Nei section. Act qt Janet 10, 1926; Qc 529, 44 Stat. /717, cited ·] _tc we text, was entitled "An Act to provide for the equalization 4 bt promotion /0t omcers ot the stat corps of the Navy with‘0tHcefs 1 et thé·ll¤e." · ‘  ‘- · » -   Q . · ··     Boards; lcréatien end 'cdh1p0sit i0in.——B0urds‘ ·1 l for tlgéwleetlou of staff Qmcers for reeommeudation for ad- ,4 { vencemeut to the   qt tear `admiml shall be compbsedl ot _] not less than three nor more than nine bmcets of the ru_uk‘ * of rear admiral or commbdore on the active; 0;- retired- list of _. the stak corps concerned. Boards, ter the“selection of staff `_ ‘   for recbmmendatleu for ddvancementlto the _ ranks of . · captain gud cemmundér shall be éommd of riot less than six » ner more thin nine cwcém not belogvjthe rank of captain on the ’1 active crretired list of the stat pcrps concerned; I§_kr0v·a’ded, J That ip ease there be not e sumeient uumlie; or staq owcers l of the eobps concerned legally {J1; plvnyeically capacitated to serve ,n eelectima board ·0t such, corps as herein provided, omcers ` ot thellue on the active list of therank of rear adminjal may , be gletalled .t0 duty on such ·b0ard-t0 icqnstitute {lie required minimum membership: Provided further, That ud, 0§cér shall v be recommended tok a4lvancep1e¤t·unlees' he shall lgave received ’ the reeommeqdetlcq ot not less than two-thirds of tlxeluiémbers ef the board'. y (June 10, 1926, c. 5%, Q 2,44. Stal. 717.) ° ‘ "_ _; New section. S-ee note te § 3148 0t»'thl• title of the appendix. J ` .3:48b; Selection beards; bath of o5qc;re¢omme¤d•tl_p¤¤ audi _repcg1; pay md gllowmces; exabinnticn.-·—-Each member of the selection board berelqe px*0vi;led’tor sliell sweat, or gmrm, that he vvillQ'wltl1cut prejudice dr pnrtlality and Lhavlng ln view- · solely the special jltnees of éwcere and the ewziency of the "*Thin:Act" would be tmuelaicd ‘°sectlous, 348, ta 348u ot this title of the. appendlx."·. , ‘* ·· Sectloms 1506*aud 1507 ot the Revised Statutes" should be mms· F lated " sections 341 and 342 of tlnls titlc;".

. `\ —NAVY» [_ ‘ _ _. * 2(]52 aval_ servi(·`e,—pe1·£orui the duties imposed upon l1im.as herein _ ~ro·vided.—_ .— A ·" c- ' . _'   ‘- o `i - Each said selection board shallfbe furulshed by the, S9('I'tt- / ary of the Navy-with the number of otilcers to be récomme11do(1 or aidwjaucement by said_ boai·d_ and'lwith the -uamés· of all ilicerswho are eligible for. consideration for selection bysalcl pard as herein ag1thorized.‘together‘ with the rccordiof eaeli uchofficer. ,If a- selection boar;] does not rec0mmeu{}`a,nu1nl»"ep - lf officers_fo1·· advancement to any' funk equal to 'the, number - urnished to that board fo1‘-_tb8.t'1‘&llk by“the Secretary of the iavy as provided in this section; thewllifereuce between the number,a`cti1ally yrecommeuded by the board and the -uumb<·r urnlshed the-board by the Secretary of the Navy may beadded _. »yrtl1e $ecretary of fheélawjya to the number furnished by him ` o the next succeeding board us_·prescrlbed_ by. this —secl;i•m_ \ny’ officer eligible for consideration` for selection as herein luthorizcd Sm111·’1mvé the rlghtto forward through ofllcial chan-y rels at any time ’uot later than ten days after the con€eulng of Q L selecti0u.boa·rd iorlhis rank and corps 11 written communication i_nviting attention to any matter of record in the Navy _ Department concerning himself which he deems important in he cousideration`of his case: Prowgided, That such communica- t rionshall not contain any reffectlou \l[l0l1 the charac tel·, conduct, rr motives of; or criticism ot, 'a.ny.otiicer. _ _ - The report of eeachboard shall be ln wrlfing, signed by all of
 * he members, and shall certify that”the board has_-ca17efully ·‘
 * onsidered_the_,case. ot-every omcer eligible for consideration

ay saidboard under the provisions of this Act,’ and that ixfthe 2 >pinion·of not less than two-thirds ot the members of the board zhe; officers thérein recommended are the bveéfitted of all those under consideration towassume the duties of- the next higher T 1 rauki _The report of the board shall be submitted to the President for approval ondisaipproval. Ih case any omcer recommended by the board be not acceptable to"__the President, the board shall -~be informed or thename of sueh omcer and mai! recommend another omcer, `prorlded that there be‘· another otilcer eligible for consideration by said bqaril, and if necessary the board-shall be recouveued for this purpose. - ° ‘ When the report ot_the board shall have been npproyegl by the President the 0&CBTS`T9C0mIllEDd€d therein shall be deemed eligible ;m·‘se1ecu¤u»a¤u shall;-lu-accordance with the provisions _ of this Act be advanced to andicommissioned in the funk for which l‘€C0mm6Ild€d," and when so couimlmloued ach such _ officev shall be given in his new commiulou the Same- Qate of - rank ‘which.has been, or in due course will be, stated in the coinmlssion ln such fraiik ot his running Vmate  him in accordance with this».Act ’: Probided, That a staff omcer who is _ recommended for advancement bi the report of a selecHo¤ board approved by the Hresident shall be eliglblee for advancement to a·hlgher rank luhis corfss under the provisions of this Act' _ i ‘) _‘ lf and when his running ihatefor an omcer junior to auch running mate has been promoted to that higher rank in the line nf the Nary or when ~a vacancy lu that rank exists lu thellnc I of the Navy which will indue course bé Hlled by the promotion of his running mate or an omcer jimior__t0.his running mate; Provided farther, That a stat! omcer wlécted and advanced i¤ accordance with the provisions of this Act' shall be entitled't0 __ the payand allowances of the rank t0`·which.so advanced fl‘0¤¤ the date stated in his commission, but shouldsuchn (late stated _ lmhlrs commission be prior to the date of `this Act-? he·shall»bc _ entitled to the payaud allowances of the rank to whichso advaneea tr0m.the date/ot this Act ’: Ifroyidedifwither, That any omcer so selected for advancement shall prior to advancement be subject in all respects to the examinations prescribed by law for omcers advanced by seniority, and in case ot {allure to pass the required professional examination such omcer shall there- · •· This Aqt " mould be translated "section• 3:18 to 3gl8u of cms title _ uf the a{{peudlx.” ‘ ‘ i