Page:United States Statutes at Large Volume 49 Part 1.djvu/576

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7 4Tx CONGRESS . SESS. I. CH. 439 . AUGUS T 5, 1935 .

531 undergo the required examinations for advancement and are found not professionally qualified, shall be transferred to the retired list of the Navy . SEC . 6 . When the number of involuntary transfers in any fiscal inv olun tary trans- y ear , from the ranks of commander and lieutenant commander in the fled ocorps e to i retired staf f corps to the retired list pursuant to this Act, exclusive of offi- list ; excess num ber . c ers who have fail ed professionally on examination f or advancement t o the next higher rank, would othe rwise exceed the figures in the following tabulation, the selection board concerned shall designate by D esignation ofofPice rs name such excess of officers for retention on the active list until the for retention on active end of the next fiscal year, and officers so designated shall retain their list ; status . eligibility for selection and advancement during said year

Medical

Corps, seven commanders and twelve lieutenant commanders ; Supply Corps, four commanders and seven lieutenant commanders ; Chaplain Corps, one commander and one lieutenant commander ; Construction Corps, two commanders and three lieutenant commanders

Civil

Engineer Corps, one commander and one lieutenant commander

D ental Corp s, one co mmander an d two lie utenant co mmanders . If Subsequent ret ire- the officers so designated are not recommended for advancement or meat' again designated for retention on the active list, they shall be transferred to the retired list in accordance with the provisions of this Act. SEC. 7. If at the end of any fiscal year the number of involuntary Special boards ; con. t ransfers to the r etired list from the ranks of comm ander or lieu- venin g . tenant commander of the Staff Corps would exceed the limits set forth in section 6 of this Act, and there has been no selection board convened during the fiscal year to recommend officers of those ranks for a dvancement in the Staff Corps conc erned, special bo ards shall Designation of oifi- be convened by the Secretary of the Navy on or about June 1 cers for retention on ac tive lis t . preceding the end of the fiscal year to designate by name such excess of officers to be retained on the active list as provided in section 6 of this Act . Each such board shall be constituted as now board consti- provided by law for selection boards for the Staff Corps concerned . tuted . SEC . 8. All transfers to the retired list pursuant to this Act shall 13elfred list ; da te of transfers to . be made as of June 30 of the current fiscal year . Officers retired Pa y, retired officers . pursuant to this Act shall receive pay at the rate of 21/z per centum of their active-duty pay, multiplied by the number of years of service for which they were entitled to credit in computation of their longe vity pay on the a ctive list, not t o exceed a total of 75 per centum of said active-duty pay : Provided, That a fractional year ~s iso. of year . of si x months or more shall be consider ed a full year in computing the number of years of service by which the rate of 21/ 2 per centum is multiplied . SEC . 9 . As soon as practicable after the date of this Act, boards Selection ent osF, for for the selection of staff officers for advancement to the ranks of se lecti on of oscers for advancement to ranks captain and commander shall be appointed by the Secretary of the of captain and com- Navy in accordance with existing law . Each such board shall rec- maad er . ommend for advancement to the ranks hereinafter listed in the corps for which it was appointed, from those staff officers of the next lower rank in said corps who are eligible for consideration, such officers, not to exceed the number furnished it by the Secretary of the Navy . The number furnished the boards appointed in execu- Num ber to be fur- tion of this section, in addition to su ch numbers if any , as would nished. otherwise be furnished such boards as the result of computations required by law for the corps and ranks concerned, shall be : For the Medical Corps, eleven for advancement to the rank of captain and ei ghteen fo r advancem ent to th e rank of commander ; for the Supply Corps, one for advancement to the rank of captain and ten for advancement to the rank of commander ; for the Civil Engineer