Page:United States Statutes at Large Volume 52.djvu/986

 52 STAT.] 75TH CONG., 3 1) SESS.-CH. 598-JUNE 23, 1938 (b) To determine the authorized number of officers in the various grades of the line as provided in subsection (a) of this section, com- putations shall be made by the Secretary of the Navy at least once each year, and at such times as he may direct, and the resulting num- bers in the various grades, as so computed, shall be held and consid- ered for all purposes as the authorized number of officers in such various grades and shall not be varied between such computations: Provided, That no officer shall be reduced in rank or pay or separated from the active list of the Navy as a result of any computation made to determine the authorized number of officers in the various grades of the line: Provided further, That the number of officers allowed in any grade as a result of any such computation may be temporarily increased to include any such officers as may be promoted to that grade by reason of being recommended by a selection board as fitted for promotion as hereinafter provided or as may be retained in that grade by section 12 (j) of this Act; and the total number so carried in excess in the several grades shall be applied as a reduction to the numbers allowed to the grades of lieutenant and lieutenant (junior grade) and ensign, in the proportions of one-third of such total excess number in the grade of lieutenant and two-thirds in the com- bined grades of lieutenant (junior grade) and ensign: And pro- vided further, That lieutenants (junior grade) on the promotion list who would under existing law be promoted to the grade of lieutenant prior to June 1, 1939, may be so promoted, without regard to the number of officers allowed in that grade by the computation pre- scribed in this subsection, on the dates on which under existing law they would be entitled to such promotion. (c) For the purpose of determining the authorized number of officers in any grade or rank of the line, there shall be excluded from consideration those officers carried by law as additional numbers: Provided,That officers who, on the date of approval of this Act, are additional numbers in grade by reason of the operation of section 3 of the Act of March 3, 1931 (46 Stat. 1483), as amended, are hereby changed to regular numbers on the Navy list; and no further such additional numbers shall be created. (d) Whenever a final fraction occurs in computing the authorized number of officers of any grade, the nearest whole number shall be regarded as the authorized number. PROMOTION BY SELECTION SEC. 4. Subject to the provisions of section 1508 of the Revised Statutes, all promotions to grades above that of lieutenant (junior grade) of the line of the Navy, including the promotion of those officers who are, or may be, carried on the Navy list as additional numbers in grade, shall be only upon the recommendation of a board of naval officers as herein prescribed: Provided, That nothing herein contained shall be construed to interfere with the promotion of officers on promotion lists at the date of approval of this Act except as here- inafter provided in section 11 (b). SELECTION BOARDS SEC. 5. (a) The board for the recommendation of line officers for promotion to the grades of rear admiral, captain, and commander shall consist of nine rear admirals on the active list of the line of the Navy, not restricted by law to the performance of shore duty only, and shall be appointed by the Secretary of the Navy and convened at least once each year and at such times as the Secretary of the Navy may direct. 26.52i °- :S---60 945 Computations for determining number. Provisos. Restriction on re- ductions in rank, pay, etc. Temporary in- creases. Application of num- bercarried in excess in grades. Lieutenants (junior grade) on promotion list. Exclusion of officers carried as additional numbers in computa- tions. Proviso. Officers now carried as additional num- bers changed to regu- lar numbers. Restriction on fur- ther additional num- bers. Fractions. Promotion by selec- tion. t. S.§1508. 34 U. S. C. §345. Proviso. Officers now on pro- motion lists. Post, p. 948. Selection boards. Appointment, meet- ings, composition, etc.

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