Page:United States Statutes at Large Volume 77.djvu/214

 182

70A Stat. 25.

PUBLIC LAW 88-130-SEPT. 24, 1963

[77 STAT.

" (d) Appointments of regular officers under this section shall be made by the President, by and with the advice and consent of the Senate. Appointments of Keserve officers shall be made as prescribed in section 593 of title 10. "(e) The promotion of an officer who is under investigation or against whom proceedings of a court-martial or a board of officers are pending may be delayed without prejudice by the Secretary until completion of the investigation or proceedings. However, unless the Secretary determines that a further delay is necessary in the public interest, a promotion may not be delayed under this subsection for more than one year after the date the officer would otherwise have been promoted. An officer whose promotion is delayed under this subsection and who is subsequently promoted shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held had his promotion not been so delayed. "§ 272. Removal of officer from list of selectees for promotion " (a) The President may remove the name of any officer from a a list of selectees established under section 271 of this title. "(b) If the Senate does not consent to the appointment of an officer whose name is on a list of selectees established under section 271 of this title, that officer's name shall be removed from this list. "(c) An officer whose name is removed from a list under subsection (a) or (b) continues to be eligible for consideration for promotion. If he is selected for promotion by the next selection board and promoted, he shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held if his name had not been removed. However, if the officer is not selected by the next selection board or if his name is again removed from the list of selectees, he shall be considered for all purposes as having twice failed of selection for promotion. "§ 273. Promotions; acceptance; oath of office "(a) An officer who receives an appointment under section 271 of this title is considered to have accepted his appointment on its effective date, unless he expressly declines the appomtment. " (b) An officer who has served continuously since he subscribed to the oath of office prescribed in section 16 of title 5 is not required to take a new oath upon his appointment in a higher grade. "§ 274. Promotions; pay and allowances "An officer who is promoted under section 271 of this title shall be entitled to the pay and allowances of the grade to which promoted from his date of rank in such grade. "§275. Wartime temporary service promotions " (a) I n time of war, or of national emergency declared by the President or Congress, the President may suspend any section of this chapter relating to the selection, promotion, or involuntary separation of officers. Such a suspension may not continue beyond six months after the termination of the war or national emergency. "(b) When the preceding sections of this chapter relating to selection and promotion of officers are suspended in accordance with subsection (a), and the needs of the service require, the President may, under regulations prescribed by him, promote to a higher grade any officer serving on active duty in the grade of ensign or above in the Coast Guard. "(c) In time of war, or of national emergency declared by the President or Congress, the President may, under regulations to be prescribed by him, promote to the next higher warrrant officer grade

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