Page:United States Statutes at Large Volume 62 Part 1.djvu/73

 80OT CONG., 2D SESS.-CH. 83-FEB. 28, 1948 43 to both the full grade and the senior grade, shall be made only if there are vacancies in such grade. A grade in any category with respect to which such regulations have been issued is referred to in this section as a 'restricted grade'. "(c) Examinations to determine qualification for permanent pro- Examinations. motions may be either noncompetitive or competitive, as the Surgeon General shall in each case determine; except that examinations for promotions to the assistant or senior assistant grade shall in all cases be noncompetitive. The officers to be examined shall be selected by the Surgeon General from the professional category, and in the order of seniority in the grade, from which promotion is to be recommended. In the case of a competitive examination the Surgeon General shall Recommendation determine in advance of the examination the number (which may be for promotion. one or more) of officers who, after passing the examination, will be recommended to the President for promotion; but if the examination is one for promotions based on length of service, or is one for promo- tions to fill vacancies other than vacancies in the director grade or in a restricted grade, such number shall not be less than 80 per centum of the number of officers to be examined. "(d) Officers of the Regular Corps, found pursuant to subsection (c) iPermanent promo- to be qualified, shall be given permanent promotions based on length Supra. of service, as follows: "(1) Officers in the junior assistant grade shall be promoted at such times as may be prescribed in regulations of the President. "(2) Officers with permanent rank in the assistant grade, the senior ma f rsnith per- assistant grade, and the full grade shall (except as provided in regu- lations under subsection (b)) be promoted after completion of three, Ane. p . 2 . ten, and seventeen years, respectively, of service in grades above the junior assistant grade; and such promotions, when made, shall be effective, for purposes of pay and pay period and for purposes of seniority in grade, as of the day following the completion of such years of service. An officer with permanent rank in the assistant, senior assistant, or full grade who has not completed such years of service shall be promoted at the same time, and his promotion shall be effective as of the same day, as any officer junior to him in the same grade in the same professional category who is promoted under this paragraph. "(e) Officers in a professional category of the Regular Corps, found osio n m lcp rof 8 - pursuant to subsection (c) to be qualified, may be given permanent supra. promotions to fill any or all vacancies in such category in the senior assistant grade, the full grade, the senior grade, or the director grade; but no officer who has not had one year of service with permanent or temporary rank in the next lower grade shall be promoted to any restricted grade or to the director grade. "(f) If an officer who has completed the years of service required pro F ior to recive for promotion to a grade under paragraph (2) of subsection (d) fails supra. to receive such promotion, he shall (unless he has already been twice examined for promotion to such grade) be once reexamined for pro- motion to such grade. If he is thereupon promoted (otherwise than under subsection (e)), the effective date of such promotion shall be one year later than it would have been but for such failure. Upon the effective date of any permanent promotion of such officer to such grade, he shall be considered as having had only the length of service required for such promotion which he previously failed to receive. "(g) If, for reasons other than physical disability incurred in line Sepaation from of duty, an officeof the Regular Corps in the junior assistant grade is found pursuant to subsection (c) not to be qualified for promotion SUpr a he shall be separated from the Service. If, for reasons other than physical disability incurred in line of duty, an officer of the Regular 62 STAT.]

�