Page:United States Statutes at Large Volume 49 Part 1.djvu/577

 532 74rx CONGRESS. SESS. I. CH. 439. AUGUST 5, 1935. Corps, one for advancement to the rank of commander ; for the Construction Crops 1, four for advancement to the rank of captain. If a selection board does not recommend a number of officers for ad vance ment to any r ank equal to the numbe r fu rnis hed to that board for that rank by the Secretary of the Navy, the difference between the number actually recommended by the board and the number furnished the board by the Secretary of the Navy may be added by t he Secretary of the N avy to the number furn ished by him to the next succeeding board. SEC. 10. That section 10 of the Act approved June 10, 1926 (44 Stat. 720-721; U. S. C., Supp. VII, title 34, sec. 348i), is hereby repealed. If the running mate of a staff officer be promoted to a higher rank and such staff officer be considered by a selection board for su ch rank but fai ls to b e select ed for advancem ent the reto, by the report of such board as approved by the President, such staff officer shall have assigned as his new running mate the line officer not promoted who was next senior to his former running mate in the rank in which the staff officer remains ; if there remain in that rank no line officer who was senior therein to such former running mate, su ch staf f office r shall not hav e assig ned a ne w runni ng mate, but shall retain his former running mate who has been promoted : Pro- vided, That if subsequently selected such staff officer when advanced to the higher rank, shall have assigned as his running mate that line officer who would have been his running mate had said staff officer be en reco mmended by the selectio n board which f irst co nsidered him for the higher rank ; except that if the running mate who would be so assigned him be senior to the running mate of an officer in his own staff corps made next senior to him in the higher rank, as deter- mi ned by the orde r of th eir sele ction f or advan cement thereto, the running mate assigned him shall be that of fice r who had been assigned as the running mate of said next senior staff officer on the latter's advancement, and officers of the same staff corps t here by having the same running mate shall have precedence in said higher ra nk as d etermine d by th e order of thei r select ion for advance ment thereto : Provided further, Tha t those officer s of th e staff corps wi th the rank of captain, who wh en elig ible for consid eration by a selection board for the rank of rear admiral, are not selected, shall retain their running mates ; and if subsequently advanced to the ra nk of r ear admi ral sha ll have running mates a ssigned as requ ired by the pr oviso ne xt prec eding. The provisions of this section shall be applicable to the cases of all staff officers now on the active list who have been advanced or have been eligible for consideration by a selection board for advancement to the rank of commander and a bov e s ince Ju ne 10, 19 26 : And provided further, That no officer shall, by virtue of this section, receive any increased pay or allow- ance for any period prior to the date of this Act. SEC. 11. That section 4 of the Act approved June 10, 1926 (44 Stat . 719 ; U. S . C ., Supp . VII, title 34, sec . 348c), is hereby amended to read as follows " Hereafter all staff officers in the Navy, when of the same rank as their running mates or of the rank for which their running mates have bee n selec ted, sh all take preced ence wit h all o ther lin e and staff of ficers of the same ran k from the date s state d in the com- missions or which in due course will be stated in the commissions of their running mates in said rank, and ahead of all line officers junior t o their respec tive run ning ma tes . Such staff officers of a higher rank than the rank held by their running mates until their 1So in original . If insufficient num- ber recom mended . Vol . 44, pp . 720-721 ; U.S.C.,p.1531. Assignment of run- ning mates . Preeisos . Assignment if staff officer subsequently ad- vanced . Se niori ty pr ovisi ons . Officer resuming precedence when ad- vanced . Staff captains . A pplic abili ty of pro- visi ons . No prior increased pay . Precedence of officers. Vol. 44, p. 719; U. S. C.,p. 1530. Rank of running mates.