Page:United States Statutes at Large Volume 52.djvu/993

 PUBLIC LAWS-CH. 598-JUNE 23, 1938 Distribution, pro- motion, retirement, etc. 48 Stat. 811. 34 U.S. C. §626a. Proviso. Composition except in time of war. Staff eligible list. 48 Stat. 812. 34U.S. C. 667f. Consideration not to be given by any subsequent board; ex- ception. Proviso. Removal of name and submission to next board. Authorized en- listed strength, ac- tive list. General officer grade. Maintenance of an- nual average number of vacancies. Provisions inappli- cable to brigadier gen- erals. Officers twice failing of selection as best fitted; status. prescribed by the Secretary of the Navy, and the recommendations of such boards shall be final when approved by him. (b) Section 1 of the Act of Congress approved May 29, 1934 (48 Stat. 811), is hereby amended to read as follows: "That hereafter com- missioned officers of the Marine Corps shall be authorized in number in the same proportion to authorized enlisted strength and shall be distributed in grades, promoted, retired, and discharged in like man- ner and with the same relative conditions in all respects as provided for commissioned officers of the line of the Navy, by existing law, or by laws hereafter enacted, except as may be necessary to adapt the said provisions to the Marine Corps, or as herein otherwise provided: Provided, That except in time of war there shall be not more than fourteen general officers on the active list of the Marine Corps, exclu- sive of the heads of staff departments and additional numbers in grade. (c) Section 11 of the Act of Congress approved May 29, 1934 (48 Stat. 812), is hereby amended by striking out the words "on a promo- tion list" and inserting in lieu thereof the words "selected as best fitted for promotion", and by striking out the word "not" and insert- ing in lieu thereof the words "removed from and not replaced", so that the said section shall read as follows: "SEC. 11 . That an officer whose name is placed on an eligible list for appointment as head of a staff department shall not be again considered for that office by any subsequent selection board, except as otherwise provided in this section, and shall, in respect to involun- tary retirement, be in the same status as if selected as best fitted for promotion: Provided, That the Secretary of the Navy may, in his discretion, with the approval of the President, remove his name from such list and submit it to the next ensuing selection board for con- sideration and recommendation. If recommended for appointment by said board and approved by the President, the name of such officer shall be replaced on the eligible list from which removed without prejudice by reason of its having been temporarily removed there- from. If not recommended by said board, such officer shall be subject to involuntary retirement under the same conditions as provided for in the case of an officer whose name is removed from and not replaced on a promotion list." (d) Hereafter the authorized enlisted strength of the active list of the Marine Corps shall be at all times 20 per centlmn of the total authorized enlisted strength of the active list of the Navy, exclusive of the Hospital Corps, prisoners undergoing sentence of discharge, enlisted men detailed for duty with the Naval Militia, and the Flying Corps. (e) Should it be found in time of peace at the end of any fiscal year that the average number of vacancies in the grade of general officer of the line of the Marine Corps for the fiscal years subsequent to the passage of this Act has been less than two, the Secretary of the Navy shall direct the board provided for in section 13 of this Act to recommend for retirement a sufficient number of general officers of the line to cause the aforesaid average number of vacancies, the approval by the President of the recommendations and the retirement of the general officers to be effected under the same conditions as provided for in that section for rear admirals of the Navy. (f) The provisions of this Act relating to selection boards desig- nating officers whom they adjudge fitted for promotion shall not apply to brigadier generals of the-Marine Corps and when such offi- cers twice fail of selection as best fitted, as defined in section 9 (a) of this Act, they shall be placed on the retired list on June 30 of the fiscal year in which they fail of selection as best fitted the second 952 [52 STAT.

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