Page:United States Statutes at Large Volume 55 Part 1.djvu/630

 55 STAT.] 77TH CONG., IST SESS.-CH. 320-JULY 24, 1941 be effected upon a finding by a naval retiring board that the dis- ability was incident to the service while on active duty in the higher rank and upon a rating by such board, in accordance with regula- tions prescribed by the Secretary of the Navy, at not less than 30 per centum permanent disability. In all other cases officers shall be retired in accordance with existing law providing for the retirement of officers. (f) The jurisdiction of naval retiring boards is hereby extended as may be necessary in the administration of this section, and their pro- ceedings shall be conducted in all respects as provided by existing law and regulations except as may be necessary to adapt the same to cases provided for in this section. (g) The provisions of this section shall not apply in any case unless the proceedings of the naval retiring board shall be commenced within six months from the termination of the temporary appoint- ment or release from active duty of the individual concerned which- ever may occur earlier. SEC. 9. Commissioned officers appointed under the authority of sec- tion 2 of this Act shall not be counted in any computation to deter- mine the authorized number of officers in any grade. Commissioned officers of the Regular Navy and Marine Corps temporarily appointed to higher ranks or grades therein under the authority of section 3 of this Act shall be counted only in their permanent ranks or grades in such computation. SEC. 10. Personnel appointed or advanced under the authority of this Act may be continued in their temporary status during such period as the President may determine, but not longer than six months after the termination of war or national emergency. Upon the termination of their temporary status such personnel shall, unless otherwise provided herein, revert to their permanent grades, ranks, or ratings, but upon being subsequently retired or in the case of retired officers returned to an inactive status, they shall, on condition that their performance of duty under such temporary appointments has been satisfactory, be placed on the retired list, or advanced thereon as the case may be, with the highest rank held by them while on active duty: Provided, That except where specific provision is made otherwise, their retired pay shall be based on the pay of the rank or rating held at the time of retirement: Provided further, That nothing in this Act shall entitle such personnel, when recalled to active duty to any other rank or rating than that in which they were serving at the time of retirement. SEO. 11. The provisions of this Act, except as may be necessary to adapt the same thereto shall apply to- (a) Personnel of the Naval Reserve (except the Fleet Reserve) and the Marine Corps Reserve (except the Fleet Marine Corps Reserve) in like manner and to the same extent and with the same relative conditions in all respects as are provided for personnel of the Regular Navy and Marine Corps, but this shall not be construed to authorize the temporary appointment of the personnel thereof to ranks or grades in the Regular Navy or Marine Corps. (b) Personnel of the Coast Guard in relationship to the Coast Guard in the same manner and to the same extent as they apply to personnel of the Navy in relationship to the Navy: Provided, That temporary appointments may be made to such rank and grade in the Coast Guard, not above captain, as correspond to the rank and grade that may be attained, either permanently or temporarily, by line officers of the Regular Navy of the same length of total commissioned service. Approved, July 24, 1941. 605 Naval retiring boards, Jurisdiction. Time limitation. Authorized number ingrade. Temporary appoint- ments not counted. Continuance in tem- porary status during emergency. Return to perma- nent status. Provisos. Retlred pay. Rank. Applicability of pro- visions. Naval and Marine Corps Reserve. Exception. Coast Guard. Proviso.

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