Page:United States Statutes at Large Volume 49 Part 1.djvu/575

 530 74Tx CONGRESS. SESS. I. CH. 439. AUGUST 5, 1935 . [CHAPTER 439 .) AN ACT Augu st 5, 1935 . [ H_R .5382.1 To pro vide for advance ment by selectio n in the Staff C orps of the Navy to the [Public, No.239.j ranks of lieutenant commander and lieutenant ; to amend the Act entitled "An Act to provide for the equalization of promotion of officers of the Staff Corps of the Nav y with o fficers of the l ine" (44 Stat. 717; U. S. C., Supp. VII, title 34, sets. 348 to 348t), and for other purposes . Be it enacted by the Senate and House o f Representatives of the Navy Staff Corps . United States of America in Congress assembled, That the provi- Advancement of offi- cers ; lieutenant grades . lions of existing law as amended by this Act with reference to CVol. p. 529, 717 s . advancement in rank by selection in the Staff Corps are hereby extended to include and authorize advancement to the ranks of lieutenant commander and lieutenant of officers of the next lower re Eli gible offi cers to b e ranks who are eligible for consideration by a selection board . Ea ch selection board appointed to recommend staff officers of the ranks of lieutenant and lieutenant (junior grade) for advancement, shall recommend all the eligible officers of said ranks who in the opinion of at least two-thirds of the members of such board are fitted to assume the duties of the next higher rank. Selectio n boards ; core - SEC. 2 . Boards for the selection of staff officers for recommenda- p Vol . 48, p. 815. tion for advance ment to the ranks of lieutenan t commander and lieutenant shall be composed of not less than six nor more than nine officers above the rank of commander on the active or retired list Proviso, of the Staff Corps concerned : Provided That in case there be not a Detai l of o fficers of the line. sufficient number of staff officers of the corps concerned legally or physically capacitated to serve on a selection board of such corps as herein provided, officers of the line on the active list above the rank of commander may be detailed to duty on such board to con- stitute the required minimum membership. Lieu tenant s, etc ., in - eligibility for consid- SEC. 3 . Staff officers of the ranks of lieutenant and lieutenant eration. (junior grade) who shall not have been recommended for advance- ment to the next higher rank by the report of a selection board as approved by the President prior to the completion of fourteen or seven years, respectively, of commissioned service in the Navy, shall be ineligible for consideration by a selection board on June 30 of Proviso. the current fiscal year : Pro vid ed, That no such officer shall become To be twice co n- sid ere d by selection ineligible for consideration by reason of length of commissioned board. service until he shall have been twice considered by a selection board for advancement to the next higher rank. Com mand ers, etc ., SEC. 4. Except as provided in section 6 of this Act, staff officers ineligibility for con- sideration. of the ranks of commander and li eut en ant commander who shall not ha ve be en recommended for advancement by the report of a selection board as approved by the President prior to the com- pletion of twenty-eight or twenty-one years, respectively, of com- missioned service in the Navy, shall be ineligible for consideration Provisos. Service provisions, by a selection board on June 30 of the current fiscal year
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Constru ction C orps That f or the purpo ses of this sectio n, the lengt h of s uch co mmis- and Civi l Engineer Corps. sioned service for officers of the ranks of commander and lieutenant commander in the Construction Co rps and Civ il Engineer Corps shall be thirty or twent y-five y ears, re spective ly Pro vid ed fur the r, Consideration by That no staff officer of the rank of commander or lieutenant com- three selection boards. mander shall become ineligible for consideration by reason of length of ser vice u ntil h e shal l have been consid ered b y thre e sele ction boards for advancement to the next higher rank, at least two of which board s shal l have been appoin ted af ter th e date of th is Act. to re ti red list. in elig ibles SEC. 5. All staff officers who have not been recommended for advancement and who, after the completion of the designated periods of service as prescribed for their respective ranks and corps, become ineligible for consideration by a selection board in accord- an ce with this Ac t, or who, if recommended for advancement,