Page:United States Statutes at Large Volume 49 Part 1.djvu/533

 488 74TH CONGRESS. SESS I. CH. 402. JULY 22, 1935. hundred and ninety-nine, and after that date any computation to determine the authorized number of officers in the various grades of the line shall be based on the total number of commissioned line officers on the active list at any one time not below five thousand four hundred and ninety-nine, exclusive of commissioned warrant N umb ers during officers : Provided further, That except in time of war, the follow- peace time . ing numbers, exclusive of additional numbers in grade, in the grades as indicated shall not be exceeded : In the grade of rear admiral, fifty-eight ; in the grade of captain, two hundred and forty ; in the Excess numbers to grade of commander, five hundred and fifteen : And provided fur- be carried in lieutenant com man der grade. t h e r, That except in time of war, if any computatio n made to dete r- mine the authorized number of officers in the various grades of the line would, except for the immediately fo regoing provis o, give a greater number of rear admirals than fifty-eight, or a greater number of capta ins than two hu ndred and forty, or a greater number of commanders than five hundred and fifteen, such excess number shall be carried in the grade of lieutenant commander and an increase in tha t grade above t he 15 per centu m of the total number of commissioned officers on the active list at any one time, exclusive of commissioned warrant officers, is hereby authorized for that purpose ." SEC. 3 . That section 4 of the Act approved May 29, 1934 (48 Stat . 814), is hereby amended to read as follows "That after June 30, 1936, lieutenants and lieutenants (junior grade) who shall not have been recommended for promotion to the next higher grade by the report of a line selection board as approved by the President shall, on and after June 30 next succeeding the date of the approval of said line selection board, if they have com- pleted fourteen or seven years, respectively, of commissioned service, be carried as additional numbers in grade, but shall be included in the authorized number of commissioned officers of the active list of the line of the Navy in any grade to which later promoted. That for the purp ose of extendi ng section 3 of the Act of Mar ch 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 length of service therein prescribed shall be twenty-one years for lieutenants and fourteen years for lieutenants (junior grade) : Provided, That lieutenants with less than twenty-one years commissioned service shall become ineligi ble for promoti on on June 30 of the fiscal year in which they attain the age of forty-five years Provided further, That no officer of said rank shall become so ineli- gible prior to June 30, 1936 : And provided further, That the restric- tion 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 . 4 . That so much of the Act approved June 30, 1914 (38 Stat . 404), as amended by the Act approved August 29, 1916 (39 Stat . 576, 581) as further amended by the Act approved July 1, 1918 (40 Stat. 708, which, as contained in the United States Code, title 34, section 3, provides " The total authorized number of commissioned officers of the active list of the following Staff Corps, exclusive of commissioned warrant officers, shall be based on percentages of the total number of commissioned officers of the active list of the line of the Navy as follows "Supply Corps, 12 per centum ; Construction Corps, 5 per centum ; Corps of Civil Engineers, 2 per centum ; and the total authorized number of commissioned officers of the Medical Corps shall be sixty- five one hundredths of 1 per centu m of the total authorized num ber Thereafter. In crease author ized. Vol.48,p. 814. Lieutenants and lieutenants (junior gr ad e), not sel ec ted for promotion. Carried as addit ional numbers; included in a utho riz ed numb er. Eligibility for pro - motion, officers below lieutenant commander grade. Vol.46,p.1483;U.S. C.,p .1525. Provisos. Age lim itatio n. Invol untary transf ers to retired list. Vol.46,p.1484;U.S. C.,p .1525. Number of commis- sioned officers of staff corps. Vol. 38, p.404;Vol. 39, p 708; U. S. 681 C Vpol .. 14 50 1'2. p.. ., Provi sions ame nded.