52 STAT.] 75TH CONG., 3 D SESS.-CH. 598-JUNE 23, 1938 within two and one-half years subsequent to the ending of such war or national emergency: Provided further, That the qualification of sea service shall not apply to officers restricted by law to the per- formance of engineering duty only or to the performance of aero- nautical-engineering duty only. RETIREMENT OF OFFICERS SEC. 12 . (a) For the purpose of the administration of this section, all officers on the active list now in the status of having failed of selection as best fitted, as defined in section 9 (a) of this Act, one or more times shall be regarded as having failed of selection as best fitted once only. (b) Officers, except lieutenant commanders, lieutenants, and lieu- tenants (junior grade), whose names are not placed upon the promo- tion list, shall be placed on the retired list on June 30 of the fiscal year in which they fail of selection as best fitted the second time in successive years, with retired pay at the rate of 21/ per centum of their active-duty pay at the time of retirement multiplied by the number of years of service for which entitled to credit in the computa- tion of their pay on the active list, not to exceed a total of 75 per centum of said active-duty pay: Provided, That a fractional year of six months or more shall be considered a full year in computing the number of years service by which the rate of 21/2 per centum is multiplied. (c) Lieutenant commanders, lieutenants, and lieutenants (junior grade) whose names are not placed upon the promotion list shall be honorably discharged from the Navy with two years' pay if lieu- tenant commanders or lieutenants or with one year's pay if lieutenants (junior grade) on June 30 of the fiscal year in which they fail of selection as best fitted the second time: Provided, That such lieutenant commanders, lieutenants, and lieutenants (junior grade) who were appointed as ensigns in the permanent line of the Navy, in accord- ance with the provisions of the Act of March 3, 1901, as amended, shall have the option of reverting to such permanent warrant or per- manent commissioned-warrant status in the lineal position to which their seniority would have entitled them had their service subsequent to such appointment been rendered in the status to which they revert. (d) Captains, commanders, and lieutenant commanders promoted to those grades by reason of adjudgment as fitted for promotion, and recommended by the report of a selection board, as approved by the President, for retention on the active list, may be continued on the active list of the line of the Navy until they shall have completed thirty, twenty-eight, and twenty-six years, respectively, of commis- sioned service (with which commissioned service shall be included service as a commissioned warrant officer, active commissioned service in the Naval Reserve Force, service as a midshipman after gradua- tion from the Naval Academy, and service under a temporary com- mission in the Navy): Provided, That during such continuance on the active list they may become eligible for selection, subject to the provisions of section 7 (a) of this Act, as best fitted for promotion, and may be promoted consequent to such selection, but they shall not be eligible for consideration by any selection board for adjudgment as fitted for promotion: Provided further, That if such officers are not so selected as best fitted and if they twice fail of selection as best fitted they shall thereafter be ineligible for promotion: Provided further, That, if not so selected as best fitted, upon the completion of the periods of commissioned service stated in this subsection, they shall be placed upon the retired list on June 30 of the fiscal year in which they completed such commissioned service with retired pay computed as prescribed in subsection (b) of this section. 949 Engineering, etc., duty excepted. Retirement of offi- cers. Officers now in sta- tus of having failed of selection as best fitted one or more times. Designated officers twice failing as best fitted; retirement. Retired pay. Proviso. Fractional year. Honorable discharge of lieutenant com- manders, etc., twice failing as best fitted. Proviso. Optional provision. 31 Stat. 1129. 34U. .C.§334. Certain officers pro- moted byadjudgment as fitted forpromotion, continuance on active list. Service included. Provisos. Eligibility of, further promotion. for Ineligibility if twice failing as best fitted. If not selected as best fitted.
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