Page:United States Statutes at Large Volume 48 Part 1.djvu/840

 814 73d C ONGRESS. SESS. II. CH. 368. MAY 29, 1934. AN ACT May 29, 1934. [H .R .9068 .1 To provide for promotion by selection in the line of the Navy in the grades of [Public, No. 264.] lieutenant commander and lieutenant ; to authorize appointment as ensigns in the line of the Navy all midshipmen who hereafter graduate from the Naval Academy ; and for other purposes. Be it enacted by the Senate and House o f Representatives o f the United States of America in Congress assembled, That except as otherwise provided in this Act, the provisions of existing law with reference to promotion by selection in the line of the Navy and the retirement of officers who are not on the promotion list or who are found not pr ofessionally qualified are hereby extend ed to include and authoriz e promotion t o the grades of lieutenant commander and lieutenant, and the retirement of lieutenants and lieutenants (junior grade). The number to be recommended for promotion to each such grade and to b e placed upon the promotio n list shall b e furnished the selection board for that grade by the Secretary of the Navy and shall be the number of existing vacancies in the grade concerned plus such additional number, if any, as the needs of the service may require. SEC. 2. That lieutenants (junior grade) who on June 30 of the year of the convening of the board shall have had three years' service in the grade of junior lieutenant shall be eligible for consideration for selection for promotion to the next higher grade. SEC. 3 . That the board for the recommendation of line officers for promotion to the grades of lieutenant commander and lieutenant shall consist of nine officers on the active list of the line of the Navy above the rank of commander, not restricted by law to the perform- ance of shore duty only, at least one of whom shall be a rear admiral. SEC. 4. That for the purpose of extending section 3 of the Act of March 3, 1931 (46 Stat . 1483 ; U .S .C ., Supp . VII, title 34, sec . 286a), to officers below the rank of lieutenant commander, the said section is amended so that the leng th of service therein presc ribed shall be fourteen ye ars for lieut enants and se ven years for lieutenants (junior grade) : Provided, That no officer of said rank shall become so ineligible prior to June 30 of the second calendar year following the date of this Act : And provided further, That the restriction on the number of involuntary transfers in any fiscal year to the retired list prescribed in section 7 of - the Act of March 3, 1931 (46 Stat . 1484 ; U.S.C., Supp . VII, title 34, sec . 286e), shall not apply to the grade of lieutenant and lieutenant (junior grade). SEC. 5. That se ction 1 of th e Act approved May 6, 1932 (47 Stat . 149 ; U.S.C., Supp . VII, title 34, sec . 12), is hereby amended by inserting the words " in 1934 and hereafter " after the words " mid- shipmen who ", and the words " Provided, That all former midship- men graduated in 1933 who received a certificate of graduation and honorable discharge and whether they have since been married or not may, upon their own app lication, if physically qua lified, and under such regulations as the Secretary of the Navy may prescribe, be appointed a s ensigns pri or to August 1, 1934, by th e President and shall take rank next after the junior ensign appointed in 1933 and among themselves in accordance with their proficiency as shown by the order of merit at date of graduation : And provided further," after the words "Naval Academy " and by striking out " in 1932, and at least 50 per centum of all graduates in subsequent years Provided ", so that as amended the said section will read as follows " That the Presi dent of the U nited States i s authorized, by and with the advice and consent of the Senate, to appoint as ensigns in the line of the Navy all midshipmen who in 1934 and hereafter graduate from the Naval Academy : Provided, That all former mid- Navy, promotion by selection in the line . Vol . 39, p. 578; U.S.C.,p. 1110. Lieutenant com- mander and lieutenant gra des . Retirement of lieu- tenan ts an d li euten ants (junior grad e) . Promotion list to be fu rnished sel ection board . Junior lieut enant, s ervic e re quire ment for promotion . Recommendation board . Composition. Sel ection for p romo- tion, grades below lieu- tenant commander. Vol . 46, p. 145 3 U.S .C., Su pp . VII, p. 803 . Service requirements modified . Prorisos. Ineligibility pr ov i- 5ions . I nvolu ntar y tra nsfer s to retired lists . Vol . 46, p . 1483 ; U.S.C., Su pp . VII, p. 806 . Naval Academy graduates. Vol. 47, p. 149 ; U.S.C., Su pp. VII, p. 801. Appointment of mid- shi pmen as ensi gns. Provieos. [CHAPTER 368 .1