Page:United States Statutes at Large Volume 65.djvu/143

 65

STAT.]

PUBLIC LAW 67—JUNE 30, 1951

(g) Inserting in the first sentence of subsection (f) of section 314, between the words "active" and "list" the words "or retired" and deleting in the third proviso of that subsection the words "major general on the active list" and substituting therefor the words "major • general or above on the active or retired list" (h) Amending section 426 by adding a new subsection as follows: "(c) The President may, at such time or times as he may deem advisable during any war or national emergency declared after the effective date of this Act, suspend the operation of any or all of the provisions of this Act which relate to the distribution in grades, promotion by selection, involuntary retirement and discharge of officers of the naval service, and such suspension shall not continue beyond June 30 of the fiscal year following that in which such war or national emergency

109 61 Stat. 863. 34 U.S.C. J 626-1 (f).

61 Stat. 880. 60 U.S.C. app. 5806 note; 3 4 U.S.C. § 3c note. S u s p e n s i o n by President.

SEC. 2. (a) The Act of July 24, 1941 (55 Stat. 603), as amended, is C. § 350d. further amended by changing the period at the end of section 5 to a 34 U. S. temporary Certain colon and adding the following proviso: Provided, That officers shall promotions. be temporarily appointed pursuant to this Act to grades above lieutenant (junior grade) in the Navy and first lieutenant in the Marine Corps only upon the recommendation of a board of officers convened for that purpose." (b) Section 5 of such Act is further amended by— (1) Inserting, immediately after "SEC. 5.", the subsection designation " (a) "; and (2) Inserting at the end thereof the following new subsection: "(b) I n addition to recommending those officers whom it considers Separations. fully qualified for temporary appointment to higher grades, such a board shall also report, from \mong the officers whose names are presented to it for consideration, the names of any officers of the active list of less than twenty years' service whose records in its opinion indicate their unsatisfactory performance of duty in their present grades and in its opinion indicate that they would not satisfactorily perform the duties of a higher grade. Officers holding permanent appointments on the active list of the Regular Navy or Marine Corps in the grades of warrant officer and above whose names are so reported shall, except as hereinafter provided, be honorably discharged from the naval service on the first day of the fourth month following that in which their names are thus reported with a lump-sum payment computed on the basis of two months' active-duty pay at time of discharge for each year of commissioned service computed in accordance with 64 Stat. 798, 816. subsection 102(d) of the Officer Personnel Act of 1947, as amended, 34 U.S.C. §§ 3a for line officers and subsection 202(d) of that Act for staff officers, (d),3b(d). but not to exceed a total of one year's active-duty pay. No such officer who is under consideration for or undergoing disciplinary action of any kind shall be separated from the naval service prior to the final disposition of his case and he shall thereafter without delay be separated from the naval service pursuant to this subsection or other provisions of law, in the discretion of the Secretary of the Navy. An Option of reverting. officer holding permanent appointment as a commissioned warrant or warrant officer and serving temporarily in a higher grade, or an officer designated for limited duty who when appointed for the performance of limited duty only held a permanent appointment as a commissioned warrant or warrant officer, whose name is so reported shall, in lieu of such honorable discharge from the naval service, have the option of reverting to the grade and status he would have held had he not been so appointed. An officer designated for limited duty who when appointed for the performance of limited duty only held a permanent rating below warrant officer, whose name is so reported shall, in lieu of such honorable discharge from the naval service, have the option of reverting to the grade and status he would have

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