Page:United States Statutes at Large Volume 52.djvu/46

 75TH CONG., 3 D SESS.-CH. 3 -JAN. 12, 1938 concerned of notice of the action taken in his case, in the event no protest is filed or appearance made as provided in this section, the recommendation of the Personnel Board, as approved by the Com- mandant or by the Secretary of the Treasury, as the case may be, shall be laid before the President by the latter with his recommenda- tion. In the event of the reconsideration of the case of any officer, the Personnel Board shall, after carefully considering additional evidence, if any, submit its supplemental report and final recom- mendation in the case to the Commandant, who shall transmit the same with his recommendations to the Secretary of the Treasury. The Secretary of the Treasury shall lay the same before the Presi- dent accompanied by his recommendation in the case. When con- sidering the record of any officer of the Coast Guard, the Personnel Board shall give major importance to reports upon the officer made, in accordance with regulations prescribed by the Secretary of the Treasury, by his seniors. The President may, in any calendar year, pursuant to any recommendation so laid before him: (a) Place out of the line of promotion such number of lieutenant commanders on the active lists as will not exceed the whole number nearest to 2 per centum of the officers in that grade as of January 1 of such year; except that such limitation shall not be construed to limit the number of lieutenant commanders who may be placed out of the line of promotion, in accordance with regulations prescribed by the Secretary of the Treasury, for failing to establish their mental, moral, and professional fitness for promotion, as required by existing law. (b) Place upon the retired list such number of commissioned officers who have had thirty or more years of service as will not exceed the whole number nearest to 5 per centum of the number of officers falling within that classification on January 1 of such year. (c) Place upon the retired list any officer who has been placed out of the line of promotion and who has had ten years or more of commissioned service. SEC. 3. The annual pay of any officer who is retired under the provisions of this Act shall be 21/ per centum of his active-duty pay at the time of his retirement, multiplied by the number of years of his service: Provided, That the retired pay of any officer retired pursuant to this Act shall not exceed 75 per centum of his active-duty pay at the time of his retirement. Years of service, for the purpose of computing retirement pay under the provisions of this Act, shall be computed in the same manner as is now or may hereafter be provided by law for the computation of years of service for voluntary retirement. SEC. 4. The total number of officers retired involuntarily in any one calendar year pursuant to this Act shall not exceed the whole number nearest to 1 per centum of the total number of commissioned officers. The total number of officers who are permitted to resign from the Coast Guard with one year's pay or retire voluntarily pursuant to this Act shall not exceed in any one calendar year the whole number nearest to 2 per centum of the total number of com- missioned officers. SEC. 5. The provisions of this Act shall be supplementary to, but shall not be construed to limit or supersede, existing laws relating to retirement, examination for promotion, and promotion of Coast Guard officers. SEC. 6. The provisions of this Act shall not apply to chief warrant officers. Approved, January 12, 1938. Recommendation to be laid before the President. Supplemental re- port, etc., in event of reconsideration. Powers of Presi- dent. Lieutenant com- manders, placement of restricted number out of line of promo- tion. Commissioned offi- cers with 30 years' service or more, retire- ment of restricted number. Officers out of line of promotion with 10 years or more com- missioned service, re- tirement. Pay of officers so retired. Proviso. Maximum. Computation of service. Limitation on num- ber of officers retired involuntarily in any year. Number of officers permitted to resign, etc. Provisions deemed supplementary to existing laws. Not applicable to chief warrant officers. 52 STAT.] 5

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