When no protest hereinafter provided. At the expiration of thirty days after receipt led, procedure. by an officer of notice aforesaid, in the event that no such protest is filed by him, such officer may upon approval by the President, be retired from active service with retired pay as prescribed by section 3 hereof, or be placed out of line of promotion, as the case may be, Disapproval by as hereinafter provided. If the Commandant shall disapprove any Commandant of rec- ommendation; effect. recommendation of the Board, the officer concerned shall retain his status in the Coast Guard to the same extent as if his case had not Transmittal of ap- been considered by such Board. Except as hereinbefore provided, proved recommenda- tions to Secretary of each recommendation of the Board which is finally approved by the the Treasury. Commandant, together with the proceedings and findings of the Board, shall be transmitted to the Secretary of the Treasury for fur- ther review, and if the Secretary shall disapprove any recommenda- tion of the Board, the officer concerned shall retain his status in the Coast Guard to the same extent as if his case had not been considered Recommendationsto by such Board. Each recommendation of the Board which is not president. disapproved by the Secretary shall be laid before the President by Powers of thePresi- the Secretary with his recommendation in the case. The President dent . may, in any calendar year, pursuant to recommendations so laid before him: mieutnant acmn "(a) Place out of line of promotion such number of lieutenant of limitednumberout commanders on the active list as will not exceed the whole number except 'omtio'n; nearest to 2 per centum of the officers in that grade as of January 1 of such year; except that such limitation shall not be construed to limit the number of lieutenant commanders who may be placed out of line of promotion, in accordance with regulations prescribed by the Secretary of the Treasury, for failing to establish their mental, moral and professional fitness for promotion. years' service, retire- (b) Place upon the retired list such number of commissioned ment of limited num- officers who have thirty or more years of service as will not exceed ber. the whole number nearest to 5 per centum of the number of officers falling within that classification on January 1 of such year. of ferstiout of inh (c( Place upon the retired list any officer who has been placed years' service, retire- out of line of promotion and who has ten years or more of com- ment. missioned service." Approved, June 6, 1940. [CIAPTER 250] AN ACT iune 6, 1940 [H. R .8537] To provide for the enlargement of the Coast Guard depot at Seattle, Washington, [Public, No.667] and for the establishment of a Coast Guard servicing base at or near Chattanooga, Tennessee. Be it enacted by the Senate and House of Representatives of the Coeapt tueattle, United States of America in Congress assembled, That the Secretary Wash., acquisition of of the Treasury is authorized to acquire, at a cost not to exceed $8,500, land for. by purchase, condemnation, or otherwise such additional land adjacent to the present Coast Guard depot at the foot of Twenty-seventh Avenue West, Seattle, Washington, and to make such improvements thereon as may be necessary for the development of the depot to best meet the needs of the Coast Guard. Chattanooga, Tenn, SEC. 2 . The Secretary of the Treasury is authorized to acquire, at a acquisition oflandfor. cost not to exceed $5,000, by purchase, condemnation, or otherwise such land and to make such improvements thereon as may be necessary for the establishment of a Coast Guard servicing base in such locality as the Commandant of the Coast Guard may recommend at or in the vicinity of Chattanooga, Tennessee. Approved, June 6, 1940. [54 STAT. 240 PUBLIC LAWS-CHS. 249, 250--JUNE 6, 1940
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