PUBLIC LAWS-CH. 598-JUNE 23, 1938 Final action by the President. Proviso. Filling of vacancies caused by disap- proval. Promotion of offi- cers. Promotion list. Provisos. Promotion of those adjudged fitted and those next senior des- ignated as best fitted. Rank of officers so promoted. Priority in assign- ment to duty. Removal of name from promotion list and submission to en- suing selection board. Provisos. Restoration; status. Retirement if fail. ing selection. Increase in estimate. Sea service require- ments. Provisos. Exceptional cases. (b) The report of the board shall be submitted to the President for approval or disapproval: Provided,That in case any officer or officers recommended by the board as best fitted for promotion are not accept- able to the President, the board shall be informed of the name of such officer or officers and shall recommend a number of officers as best fitted for promotion equal to the number of those found not acceptable to the President and, if necessary, the board shall be recon- vened for this purpose. PROMOTION OF OFFICERS SEC. 11 . (a) The names of officers designated by a board as best fitted for promotion, and the names of officers adjudged by a board as fitted for promotion, and approved by the President, shall be placed upon a promotion list and promotions to fill vacancies shall be made from officers of the next lower grade whose names appear on the promotion list as having been designated as best fitted for promotion: Provided, That officers whose names appear on the pro- motion list as having been adjudged fitted for promotion shall be promoted at the same time that the officers next senior to them on the list of those designated as best fitted for promotion are promoted to the next higher grade: Providedfurther, That officers so promoted pursuant to the recommendations of the same report shall take rank with one another in accordance with their seniority in the grade from which promoted, and officers recommended in an earlier report shall, when promoted, have precedence of officers recommended in a later report: And provided further, That priority in assignment to duty in any grade shall be accorded, irrespective of seniority in grade, to those officers who have been selected as best fitted for pro- motion to that grade. (b) The Secretary of the Navy may, in his discretion, with the approval of the President, remove the name of any officer from the promotion list and submit it to the next ensuing selection board for consideration and recommendation: Provided, That the next ensuing selection board may select the officer concerned as best fitted for pro- motion or adjudge him fitted for promotion, and thereupon, with the approval of the President. the name of such officer shall be replaced on the promotion list, without prejudice by reason of its having been temporarily removed therefrom, and when promoted such officer shall take rank in accordance with his seniority on the promotion list at the same time his name was removed therefrom: Provided further, That if such officer is neither so selected as best fitted nor adjudged fitted by such next ensuing selection board he will be placed on the retired list on June 30 of the then current fiscal year: And provided further, That if the name of any officer selected as best fitted for promotion be removed from a promotion list of officers in any grade and submitted to another board as provided in this sub- section, the estimate of the number of vacancies furnished said board by the Secretary of the Navy shall be increased accordingly. (c) No officer shall be promoted unless he has had not less than two years' actual sea service in the grade in which serving and on the promotion list for that grade: Provided, That in exceptional cases where officers are specifically designated, during war or national emergency declared by the President, by the Secretary of the Navy as performing, or as having performed, such highly important duties on shore that their services cannot be or could not have been spared from such assignment without serious prejudice to the national inter- ests, the qualification of sea service in the cases of those officers so specifically designated shall not apply while the United States is at war, or during a national emergency declared by the President, or 948 [52 STAT.
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