Page:United States Statutes at Large Volume 52.djvu/727

 686 PUBLIC LAWS-CHS. 387, 388-JUNE 15, 1938 Marine Corps as became eligible by seniority for promotion to a higher grade or rank prior to May 29, 1934, under the laws then in force, and became ineligible for such promotion through the passage 48 StatS. 1, 814 . of the Acts approved May 29, 1934 (48 Stat. 811 and 814; U. S . C., 626a. title 34, sections 286h and 62 6a), and such officers of the Staff Corps ineligible since An- of the United States Navy as became eligible by seniority for pro- gust 6,195. motion to a higher grade or rank prior to August 5, 1935, under the laws then in force, and became ineligible for such promotion through 49 Stat . . the passage of the Act approved August 5, 1935 (49 Stat. 530), who 34 U.oS. C., Supp. II, §349-349k. have not been promoted to such higher grade or rank prior to the PTos, .et date of this Act: Provided, That such officers shall, prior to promo- Establishment o f qualifications. tion as herein authorized, be required to establish under existing law their mental, moral, professional, and physical qualifications to per- form all the duties of the grade or rank to which authorized to be aDisqualfications appointed by the provisions of this Act, except that all such officers caused In line ofduty, retirement provisions. who are found physically or mentally not qualified for promotion due to causes originating in the line of duty shall be placed on the retired list in the grade or rank and with the retired pay to which their seniority would have entitled them under the laws in force at romoted the time they became eligible by seniority for promotion: Provided be carried asoerto further, That when promoted to the next higher grade or rank they numbers, etc. shall be carried as extra numbers but only in the grade or rank to which promoted pursuant to this Act, and shall take precedence with, but after, the officers of the line or the Staff Corps of the Navy, or of the Marine Corps, respectively, next after whom they would have taken precedence had they been promoted to the next higher grade or rank under the laws in force at the time they became eligible by promotion da seniority for such promotion: Provided further, That for purposes of pay and service in grade they shall be held to have been promoted as of the date on which they became eligible by seniority for promotion: N back pay, et. And provided urther,That no back pay or allowances shall be held ertain retred of- to have accrued prior to the passage of this Act. facers, rank and re- SEC. 2. That such officers of the line of the United States Navy and tiredpay. of the United States Marine Corps as became eligible by seniority for promotion prior to May 29, 1934, under the laws then in force, and such officers of the Staff Corps of the United States Navy as became eligible by seniority for promotion prior to August 5, 1935, under the laws then in force, as have been retired on or before the date of this Act on account of mental or physical disability due to causes originating in the line of duty or as an incident of the service, shall have the rank and retired payto which they would have been entitled had these disabilities been discovered by naval boards con- vened to determine their mental, moral, professional, and physical fit- ness for promotion to the next higher grade or rank under the laws then in force relative to promotion based upon seniority. Approved, June 15, 1938. [CHAPTER 388] June I1i,1938 AN ACT Is. 34161 Providing for the addition of certain lands to the Black Hills National Forest in [Public, No. 615] the State of Wyoming. Black Irills Na- tional Forest, Wyo. Addition of certain lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subject to all valid existing claims, entries, and leases, all of the lands of the United States within the following-described area are hereby added to and made a part of the Black Hills National Forest in the State [52 STAT.

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