Page:United States Statutes at Large Volume 46 Part 1.djvu/1526

 SE VEN TY-F IRST C ONGRESS. SEss. III. CH. 397. 1931 . the number, if any, of vacancies then existing and which may occur on or before June 30 in said grade in excess of the number of officers in the next lower grade on the promotion list provided for in sec- tion4: Provided, That if the number of officers in any grade on the promotion list is in excess of the number of vacancies then existing and which may occur in the next higher grade on or before June 30, as aforesaid, and said excess shall equal or exceed 10 per centum of the authorized number of officers in said next higher grade as above det ermined, the numbe r to be furnished the boar d for rec ommenda- tion for promotion to said next higher grade shall be reduced to 8 per centum of said authorized number : Provided further, That if the numbe r of offic ers in an y grade on the promo tion list shall at any time be insufficient to fill vacancies then existing and which may occur in the next higher grade prior to the convening of the selection board next ensuing, the Secretary of the Navy may, in his discretion, con- vene a selection board to recommend for promotion such additional number of officers as may be necessary to fill said vacancies. SEC. 3 . Except as provided in section 7, captains, commanders, and lieutenant commanders, who shall not have been recommended for promotion to the next higher grade by the report of a line selec- tion board as approved by the President prior to the completion of thirty-five, twenty-eight, or twenty-one years, respectively, of com- missioned service in the Navy, shall be ineligible for consideration by a line-selection board, and any officer in said grades shall likewise be ineligible for consideration who on June 30 of the calendar year of the convening of the board shall have had less than four years' service in his grade : Provided , That the commissioned service of Naval Academy graduates, for the purpose of this section only, shall be computed from June 30 of the calendar year in which the class in which they graduated completed its academic course, or, if its academic course was more or less than four years, from June 30 of the calendar year in which it would have completed an academic course of four years : Provided further, That except as provided in section 7, officers of any grade commissioned in the line of the Navy from sources other than the Naval Academy, shall become ineligible for con sideratio n by a se lection board whe n the mem bers of t he Naval Academy class next junior to them at the date of their original pe rman ent c ommi ssio n as ensi gn or ab ove become in eligi ble for consideration under the provisions of this section. SEC. 4. The names of all officers recommended for promotion to the next higher grade by the report o f a line- selectio n board a s approved by the President shall be placed on a promotion list and, except as otherwise provided in this section, shall not be considered again for the next higher grade by any subsequent slection board ' Promotions to fill vacancies in the grades of commander and above shall be made from officers of the next lower grade whose names a ppear on said prom otion list. Officers so promoted pursuant to the recommendations of the same report shall take rank with one another in accordance with their seniority in the grade from which pro- moted, and officers recommended in an earlier report shall, wh en promoted, have precedence of officers recommended in a later report Pr ovided, That the Secretary of the Navy, may, in his discretion, with the approval of the President, remove the name of any officer from said promotion list and submit it to the next ensuing selection board for consideration and recommendation. If recommended for promotion by sa id board and approved by the President, the name of such offi cer shall be replac ed on the promotion list in t he positio n from which removed, without prejudice, by reason of its having been temporarily removed therefrom, and when promoted such officer shall take rank in accordance with his seniority on the promotion 1483 Provisos. Reduced if vacancies not existing. Additional promo- tions if list insufficient to fill vacancies . Cap tains, command- er s, lieu tenant co m- mandere. When ineligible for consideration by board. Post, p. 1484. Provisos. Naval Academy graduates. Computation of com- missioned service of. Of fic ers com mis- sioned from other than N aval Academy. When ineligible for consideration. Na mes app rove d placed on promotion list. Subsequent consider- ation denied. Pr omotion s to com - mander grade, etc. Rank and preced- ence. Provisos. Removal of name from list. Replaced in same status, if approved.

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