Page:United States Statutes at Large Volume 52.djvu/991

 PUBLIC LAWS-CH. 598-JUNE 23, 1938 oluntary retire- (e) When officers of the line of the Navy, other than commissioned ment of line officers after 20 years' service. warrant officers, have completed twenty years' commissioned service, they may at any time thereafter, upon their own application, in the discretion of the President, be retired from active service and placed upon the retired list with retired pay computed as provided in sub- Existig provision section (b) of this section: Provided, That the Act of February 28 repealed. 1931 (46 Stat. 1431), insofar as the provisions thereof are embodied 46 Stat. 1440 . 34 Uc.S 38. §38 in section 388 (a) of title 34 of the United States code, is hereby repealed. Retirement of cer- (f) Captains, commanders, and lieutenant commanders promoted tain officers promoted as fitted but not rec- to those grades by reason of adjudgment as fitted for promotion but ommended for reten- tion on active list. not recommended by the report of a selection board, as approved by the President, for retention on the active list shall be retired on the date they are so promoted with the retired pay of the grade from Praotvo retirement, which so promoted: Provided, That such officers shall not be retired earlier than six months after the date of approval by the President of the report of the selection board in which they were adjudged fitted for promotion. nfitrs reported as (g) Officers named in a report of a selection board, as approved tion; date of dis- by the President in accordance with the provisions of section 9 (c), chage. shall be honorabiy discharged on June 30 of the fiscal year in which Payondischarge. so named: Provided, That such officers shall receive on discharge not more than one year's pay if lieutenants (junior grade), or two years' pay if of a higher grade. ricerson promotion (h) Officers on a promotion list who fail to pass the required physi- list, with physical cal examination for promotion and who are found incapacitated for disability contracted inline of duty. service by reason of physical disability contracted in the line of duty shall be retired in the rank for which they were selected, or adjudged fitted, with retired pay at the rate of 75 per centum of the active- duty pay of the grade to which selected or adjudged fitted. examination, pay r on (1) Officers who fail on the professional examination for promo- discharge. tion shall be honorably discharged with one year's pay if of less than twenty years' service; if of over twenty years' service they shall be retired on June 30 of the fiscal year in which they so fail with retired pay computed as in section 12 (b) of this Act. Retirement offc res (j) No officer on the active list of the Navy on the date of approval list, of this Act shall be retired in his present grade by reason of the provisions of subsection (b) of this section or in the next higher grade by reason of the provisions of subsection (f) of this section sooner than he would have been retired by reason of service ineligi- „iso. bility for consideration for selection under provisions of law in effect Falling twice of on the date of approval of this Act: Provided, That when any such selectionasbestfitted. officer shall have twice failed of selection as best fitted he shall become esinated officers ineligible for consideration by subsequent selection boards. now additional num- (k) Officers now in the grades of lieutenant commander and lieu- bers. tenant, and lieutenants (junior grade) now additional numbers on the active list of the Navy by reason of the operation of the Act of 34 Stat. 183 . March 3, 1931 (46 Stat. 1483), as amended, shall, at their own request, in lieu of the honorable discharge provided in subsection (c) of this section, be continued on the active list of the Navy until the com- pletion of the period of service designated in the said Act, as amended, and shall then be retired as provided therein, but when they have twice failed of selection as best fitted they shall become ineligible for consideration by subsequent selection boards for promotion to Praneeo. lieutenant: Provided, That lieutenants who served in the Navy or ieuntenan with spec Naval Reserve Force prior to November 12, 1918, and who shall have completed not less than twenty-one years of service shall on retire- ment as provided in this subsection be advanced to the grade of lieu- tenant commander on the retired list with the retired pay of that grade. 950 [52 STAT.

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