Page:United States Statutes at Large Volume 48 Part 1.djvu/839

 73d C ONGRESS. SESS. II. CH. 367. MAY 29, 1934 . and submit it to the next ensuing selection board for consideration and recomm endation. If r ecom men ded for a ppoi ntm ent by sa id board and approved by the President, the name of such officer shall be replaced on the eligible list from which removed without prejudice by reason of its having been temporarily removed therefrom. If not recommended by said board, such officer shall be subject to invol- untary retirement under the same conditions as provided for in the case of an officer whose name is not on a promotion list. SEC. 12. That for the purposes of distribution and promotion in the Marine Corps grade and rank shall be considered as meaning the same. SEC. 13. That the Major General Commandant shall be appointed as now provided by law. SEC. 14 . That the selection board recommending colonels for pro- motion shall recommend the number of officers of the rank of colonel direct ed by the Secret ary o f the Navy for a ppoin tment as head of each s taff depar tment, and the names of officers so re comme nded, approved by the President, shall be placed on an eligible list for such appointment, one list for each department. As vacancies occur hereafter, heads of staff departments shall be appointed for four years from officers whose names appear on the eligible lists for the respective departments. SEC. 15 . That section 7of the Act of March 4, 1925 (43 Stat.L . 1272 ; U .S .C., title 34, sees . 624, 630, 663, 669, and 684), and all other laws and parts of laws, insofar as the same are inconsistent with, or in conf lict wit h the pr ovisions of this Act, are, except as they apply to officers heretofore, retired thereunder, hereby repealed. SEC. 1 6 . That officer s of the Marine Corps in the ran ks or gr ades of lieutenant colonel and major shall not be retired because of not being on a promotion list or on an eligible list for appointment as head of a staff department, and shall be eligible for consideration for promo tion by sele ctio n bo ards wit hout reg ard to comp leti on of twenty -eigh t and twent y-one years ' com missi oned servic e, re spec- tivel y. Upon promotion or advancement after the approval of this Act, with the exception of the Major General Commandant, heads of staff departments with the rank of brigadier general, an officer of the Marine Corps who may be appointed as Judge Advocate General of the Navy, and commissioned warrant officers, which officers shall receive the pay and allowances provided by law for their rank, com- missio ned o ffice rs of the M arine Corps shall receive the pay and allowa nces of the grade or rank f rom w hich promo ted or adva nced Provided, That officers in the grades or ranks stated shall receive the pay and allowances of the grades or ranks in which serving up on attaining the number on the lineal lists of such grades or ranks, as follows : Maj or g ener al, two (exc ludi ng the M ajor Gen eral Com - mandant) ; brigadier general, six ; colonel, thirty-five (common list) lieutenant colonel, thirty-eight (common list) major, eighty ; cap- tain, two hundred and fifty-six ; first lieutenant, two hundred and twenty-four. SE C. 17. Section 4 of the Act approved February 28, 1925 (43 Stat.L. 1081; U .S .C., title 34, sec. 753), as ame nded, is hereby amende d to the e xtent that, herea fter, the minim um age limi t for enlistment in the Naval Reserve or the Marine Corps Reserve shall be the same as that for enlistment in the Regular Navy. Approved, May 29, 1934 . 813 Replaced, if recom- mended for appoint- ment. Involuntary retire- ment . " Grade" and "rank " synonymous . M ajor Gene ral Com- mandant, appoint- ment. Heads of staff depart- ments . P repar ing elig ible lists for appointments. Filling vacancies. Repeal provisions. Vol. 43, p 1272. U.S.C., p . 1128. Exception . Nonselection not to subject lieutenant colo- ne l and major to in- vol untary retir ement. Eligibility for con- sid eration. Pay and allowances upon promotions after effective date. Pre rise. Pay, etc., on attain- ing line number. Na val Reserv e or Marine Corps Reserve . Mi nimum age for enlistment. Vol.43, p.1081. U.S.C., p. 1133.