Page:United States Statutes at Large Volume 48 Part 1.djvu/838

 812 Na vy s ystem to ap- ply. Distribution of gen- eral officers. Heads of staff depart- ments to be brigadier generals, while so serv- ing. Maj or general . Vol.40,p. 715. General officers of the line computed as grade above colonel . Computation of com- missioned service. Selection boards; co mposition an d pro- ced ure. Proviso. R ecomm enda tion for advancement. Selection not jeop- ardized by staff, etc ., duty. Physical fitness. R.S ., see. 1493, p . 258 U.S .C ., p. 1129 . Disqualification by wounds . R.S.,sec. 1494, p. 258; U.S.C.,p. 1129. Sea service require- men t not applic able. Promotion regardless of length of service in grade. Proviso . N o off icer comp letin g sufficient service in- eligible until once con- sidered by board. Staff eligible list. Consideration of names on, by subse- quent board forbidden. Proviso. Removal of name. 73d C ONGRESS. SESS. II. CH. 367 . MAY 29, 1934. the same relative conditions in all respects as are provided for com- missioned officers of the line of the Navy, by existing law, or by laws hereafter enacted, except as may be necessary to adapt the said provisions to the Marine Corps, or as herein otherwise provided. SEC. 2 . That of the authorized number of commissioned officers above the grade of colonel, one shall be the Major General Com- mandant, two thirds shall be brigadier generals, and the remainder shall be major generals. SEC. 3. That t he heads of staff departmen ts shall be gener al office rs while so serving, in addition to the number of general officers other- wise herein provided, with the rank, pay, and allowances of brigadier generals. They shall be carried in the grades or ranks from which appointed. SEC. 4. That promotion to major general of the line shall be from brigadier generals of the line. SE C. 5. That in computing the number of colonels to be recom- me nded f or pro motion or to be de signat ed for retent ion on the a ctive list the general officers of the line shall be considered as constituting the grade next above that of colonel. SEC. 6. That commissioned service of officers for the purpose of this Act shall con sist of a ll commis sioned se rvice on the activ e list of the Marine Corps, whether under a temporary or permanent appoint- ment, and all commissioned service on active duty in the Marine Corps Reserve and the National Naval Volunteers. SEC. 7 . That selection boards shall consist of not less than six officers on the active list of the Marine Corps, the composition and procedure of the boards to be determined by the Secretary of the Navy : Provided, That no officer shall be recommended for advance- ment unless he shall have received the recommendation of not less than two thirds of the members of the board. SEc. 8. That administrative staff duty performed by any officer under appointment or detail, and duty in aviation, or in any technical specialty, shall be given weight by the selection board in determining his fitness for promotion equal to that given to line duty equally well performed. S EC. 9 . That section 1493, Revised Statutes (U.S.C., title 34, sec. 665), is so far am ended in its appli cation to the Marin e Corp s as t o require that no officer shall be promoted to a higher grade, excepting in the case provided in section 1494, Revised Statutes (U .S .C ., title 34, sec . 666), until he has been examined by a board of Naval medical officers and pronounced physically fit to perform all his duties at sea and in the field. SEC. 10. That the requirement of sea service in grade shall not apply to promotion of officers of the Marine Corps ; and officers in the upper four sevenths of the grades below brigadier general, subject to selection as established by the first section of this Act, shall be elig ible for c onsid erat ion b y sel ecti on bo ards and for p romot ion without regard to length of service in grade : Pr ovide d, That no officer of the Marine Corps shall be ineligible for consideration for promotion by reason of completion of length of commissioned service until he shall have been once considered by a selection board. SEC. 11 . That an officer whose name is placed on an eligible list for appointment as head of a staff department shall not be again consid ered f or tha t offi ce by any su bsequen t sele ction board, excep t as other wise prov ided in t his secti on, and shall, in respect to involu n- tary retirement, be in the same status as if on aa promotion list Prov ided, That the Secretary of the Navy may, in his discretion, with the approval of the President, remove his name from such list