Page:United States Statutes at Large Volume 62 Part 1.djvu/74

 PUBLIC LAWS-- H. 83---EB. 28, 1948 Refusal to take ex- amination. Review of officer's record. Order of seniority. Credit for active service in Reserve Corps. Temporary promo- tions. War or emergency promotions. Corps in the assistant, senior assistant, or full grade, after having been twice examined for promotion (other than promotion to a restricted grade), fails to be promoted- "(1) if in the assistant grade he shall be separated from the Service and paid six months pay and allowances; "(2) if in the senior assistant grade he shall be separated from the Service and paid one year's pay and allowances; "(3) if in the full grade he shall be considered as not in line for promotion and shall, at such time thereafter as the Surgeon General may determine, be retired from the Service with retired pay (unless he is entitled to a greater amount by reason of another provision of law) at the rate of 21/2 per centum of his active duty pay at the time of retirement for each complete year, not in excess of thirty, of his active commissioned service in the, Service. "(h) If an officer of the Regular Corps, eligible to take an exam- ination for promotion, refuses to take such examination, he may be separated from the Service in accordance with regulations of the President. "(i) At the end of his first three years of service, the record of each officer of the Regular Corps originally appointed to the senior assistant grade or above, shall be reviewed in accordance with regula- tions of the President and, if found not qualified for further service, he shall be separated from the Service and paid six months' pay and allowances. "(j) (1) The order of seniority of officers in a grade in the Regular Corps shall be determined, subject to the provisions of pargaraph (2), by the relative length of time spent in active service after the effective date of each such officer's original appointment or permanent promo- tion to that grade. When permanent promotions of two or more officers to the same grade are effective on the same day, their relative seniority shall be the same as it was in the grade from which promoted. In all other cases of original appointments or permanent promotions (or both) to the same grade effective on the same day, relative seniority shall be determined in accordance with regulations of the President. "(2) In the case of an officer originally appointed in the Regular Corps to the grade of assistant or above, his seniority in the grade to which appointed shall be determined after inclusion, as service in such grade, of any active service in such grade or in any higher grade in the Reserve Corps, but (if the appointment is to the grade of senior assistant or above) only to the extent of whichever of the following is greater: (A) His active service in such grade or any higher grade in the Reserve Corps after the first day on which, under regulations in effect on the date of his appointment to the Regular Corps, he had the training and experience necessary for such appointment, or (B) the excess of his total active service in the Reserve Corps (above the grade of junior assistant) over three years if his appointment in the Regular Corps is to the senior assistant grade, over ten years if the appointment is to the full grade, or over seventeen years if the appointment is to the senior grade. "(k) Any commissioned officer of the Regular Corps in any grade in any professional category may be recommended to the President for temporary promotion to fill a vacancy in any higher grade in such category, up to and including the director grade. In time of war, or of national emergency proclaimed by the President, any com- missioned officer of the Regular Corps in any grade in any profes- sional category may be recommended to the President for promotion to any higher grade in such category, up to and including the director grade, whether or not a vacancy exists in such grade. The selection of officers to be recommended for temporary promotions shall be made in accordance with regulations of the President. Promotion of an 44 [62 STAT.

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