Page:United States Statutes at Large Volume 56 Part 1.djvu/492

 [56 STAT. Secretary of the Navy may deem best for the interests of the service, Rank. and if so promoted or advanced he shall take rank from the date of this Act or the date as of which he would have been permanently promoted or advanced in due course under existing law, whichever mav be earlier; if not so promoted or advanced because of physical disability he shall be retired in the rank which he would have had on Determination of the retired list under existing law: Provided further, That the Secre- date of rank, etc tary of the Navy's determination as to an officer's date of rank or any other matter in the administration of this section shall be final and Honorable dis- conclusive for all purposes: And provided further, That nothing in char ge . this Act shall preclude the honorable discharge of any officer in accordance with section 12 (g) of the Act approved June 23, 1938 52Stat. 050 . (34 U. S . C . 404 (g)), where such officer has heretofore been named in the approved report of a selection board. Rear admirals SEC. 2. The number of rear admirals on the active list of the line officersentitledlnto entitled to the pay and allowances provided by law for rear admirals p etc.. of upper of the upper half, exclusive of those carried as additional numbers in such grade, shall be one-half of the number of permanent and tempo- PfoviD. rary officers of the line in that grade: Provided, That each officer of taff officers the staff Corps now or hereafter serving in the rank of rear admiral shall be entitled to receive the pay and allowances provided by law for rear admirals of the upper half when a line officer who was his iunior in the rank from which the staff officer concerned was advanced becomes entitled to such pay and allowances pursuant to the foregoing but not earlier than the date upon which the staff officer is appointed menadffff l eorank f to the rank of rear admiral: Providedfurther, That nothing contained rear admiral. herein shall operate to suspend the provisions of section 18 of the Act 34U. 8. . §348q. of June 10, 1926 (44 Stat. 724), with respect to staff officers who on the date of this Act have been recommended for advancement to the rank of rear admiral by the approved report of a selection board: Rear admiral car- Provided further, That an officer carried as an additional number in ried as additional num.ber. the grade or rank of rear admiral shall become entitled to the pay and allowances provided for rear admirals of the upper half from the Exclusionofcertain same date as the officer next junior to him: Provided further, That officers. the foregoing shall be exclusive of officers entitled to such pay and allowances solely by reason of their serving in the rank of admiral or vice admiral, or as chief of bureau, Judge Advocate General of No reductionofpay the Navy, or director of budget and reports: And provided further, and allowances. That no officer who has or may become entitled to the pay and allow- ances of a rear admiral of the upper half shall siffer a reduction of his pay and allowances solely by reason of the fact that the number of rear admirals may for any reason be reduced. Naval Reserve of- SEC. 3. The age limits now prescribed by law for original appoint- mEligibility for cor- ment to commissioned rank in any staff corps of the Regular Navy of RegulaSr Natvyco.p are hereby modified to the extent that any officer of the Naval Reserve eligible for such appointment upon heretofore or hereafter reporting for active duty subsequent to September 8, 1939, shall retain such eligibility so long as he remains continuously on active duty. Reserve offcers. SEC. 4. The Acts of August 27, 1940 (54 Stat. 864, 34 U. S. C., 737), Eligibility for Regu- lar Navy or Marin and October 8, 1940 (54 Stat. 1023, 34 U. S. C., 853c-2), are amended corps. so as to provide that officers of the Naval and Marine Corps Reserve therein described shall be eligible for appointment to the Regular Navy or Marine Corps, as may be appropriate, if less than twenty- five years of age upon the successful completion of their training as aviation cadets or upon reporting for continuous active duty on Piroo. board ships of the Navy, as the case may be: Provided, That each den ee such officer hereafter appointed to the lowest commissioned grade of the Regular Navy or Marine Corps by authority of said Acts shall take precedence according to his date of reporting for con- tinuous active duty as an officer of the Naval or Marine Corps PUBLIC LAWS-CH. 462 -JUNE 30, 1942 464

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