Page:United States Statutes at Large Volume 49 Part 1.djvu/551

 506 74TH CONGR ESS. SESS. I. CH. 422. JULY 31, 1935 . SEC. 2. That from and after the effective date of this Act the authorized number of promotion-list officers in the grade of colonel shall be 6 per centum ; the number of such officers in the grade of lieutenant colonel shall be 9 per centum ; and the number of such officers in the grade of major shall be 25 per centum of the aggregate number of promotion-list officers authorized by law : Provided, That in making any computation under the provisions of this section whenever a final fraction of one-half or snore occurs in the number of officers involved in any such computation the next higher whole number of officers shall be regarded as the authorized or required number thereof. Vacan cies f illed f rom SEC. 3 . All vacancies, including original vacancies resulting from promotion-list officers. o ..41 77 the operation of section 2 hereof, occurring on or after July 1, 1935, in the respective grades of colonel, lieutenant colonel, and major of promotion-list officers shall be filled by the promotion of promotion- list officers in the manner provided in section 24c of the said Act of Provi so. Ju ne 4 1920 : Provided That no romotion-list officer shall be pro- Promotion to grade ? 7 p o f c o l o n e l muted in time of peace under the provisions of this Act to the grade gnirement. of colonel until he shall have completed twenty-six years' service ; to the grade of lieutenant colonel until he shall have completed twenty years' service, or to the grade of major until he shall have completed fifteen years' service, the service to be counted for pur- poses of this proviso to be only active commissioned service of the same classes prescribed for promotion-list purposes in section 24a of the said Act of June 4, 1920 ; but this proviso shall not apply to lieut enant colone ls and major s whos e firs t appo intmen ts in the permanent service were in grades above those of captain and second lieutenant, respectively, or who were appointed to the Regular Army under the provisions of the first sentence of section 24 of the Act of June 3, 1916, as amended by the said Act of June 4, 1920, nor to captains whose first appointments in the permanent service were in a grade above second lieut enant, or wh ose pr esent rank d ates f rom July 1, 1920, or earlier. All officers promoted under the provisions of this paragraph shall take rank in the grade to which promoted according to the dates stated in their commissions in said grade and when the dates of rank of two or more officers in said grade are the same, such officers shall take rank among themselves accord- ing to their standing on the promotion list. The number of promotion-list officers that shall be in the respective grades of captain and first lieutenant at any time after the effective date of this Act shall be such as results from the operation of the promotion system hereinafter in this pararaph prescribed. Promo- tion-lis t second lieuten ants and first l ieutenan ts shal l be pro moted to the re specti ve gra des of first lieut enant and ca ptain immedi ately upon completing respectively three years' and ten years' commis- sioned service in the Regular Army, but not otherwise officers in the said grades of second lieutenant and first lieutenant, respectively, who shall have completed the said respective periods of service on or before the effective date of this Act shall be so promoted as of said date : Provided, That no officer shall be pro- moted, under the provisions of this paragraph, in advance of any officer in the same grade whose name appears above his on the pro- motion list. SEC. 4. That general officers of the line, chiefs and assistant chiefs of branches, and all nonpromotion-list officers shall continue to be appointed and promoted as now authorized by law, except th at officers of the Veterinary Corps of the Medical Department shall be promoted to, and chaplains shall be given the rank, pay, and allowances of the respective grades to and including that of colonel Aut hor iz ed nu mbe rs of p romoti on-lis t offi - cers. Proviso. Fractional numbers. Other grades. Vol. 41, p. 771. Rank of promoted offi cers. Captains and first lieut enants numbers. Lieutenants; au to- matic promotion; serv- ice requirements. Proviso. Order of promotion. Gen er al li ne officers ; chi efs, etc ., of branches and nonpromotion list of fice rs; appointment and promotion. Vet er in ary Corps of- ficers ; chaplains.
 * service re-
 * and all such