54 STAT.] 76TH CONG. , 3D SESS.-CH. 420-JUNE 25, 1940 SEC. 11 . Officers transferred by this Act to the grade of lieutenant commander or lieutenant of the line shall, at their own request, in lieu of the honorable discharge provided in section 12 (c) of the Act approved June 23, 1938 (52 Stat. 948; U. S . C., title 34, sec. 404 (c)), be retired on June 30 of the fiscal year in which they fail of selection as best fitted the second time or in which they com- plete twenty-one and fourteen years, respectively, of commissioned service computed as provided in section 3 of the Act of March 3, 1931 (46 Stat. 1483; U. S . C., title 34, sec. 286a), whichever date shall be later: Provided, That any officer retained on the active list pursuant to this section shall be ineligible for consideration for pro- motion by subsequent selection boards. SEC. 12 . No officer transferred by this Act to the grade of com- mander or lieutenant commander of the line shall be retired pursuant to section 12 (f) of the Act of June 23, 1938 (52 Stat. 950; U. S. C., Supp. V, title 34, sec. 40 (f)), prior to June 30 of the fiscal year in which he completes thirty or twenty-five years, respectively, of active commissioned service in the Navy. SEC. 13. Officers transferred to the retired list in conformity with this Act shall be entitled to retired pay computed as prescribed in section 12 (b) of the Act of June 23, 1938 (52 Stat. 949; U. S. C ., title 34, sec. 404 (b)). MISCELLANEOUS PROVISIONS SEC. 14 . Nothing herein shall be construed to interfere with the promotion of officers who have been recommended for advancement on the effective date of this Act, except that the provisions of section 11 (b) of the Act approved June 23, 1938 (52 Stat. 948; U. S. C., title 34, sec. 300 (b)) shall be applicable in the cases of such officers. When promoted, such officers shall have the date of commission and the precedence which the Secretary of the Navy finds they would have had if such promotion had occurred prior to their transfer. SEC. 15. Nothing in this Act shall operate to reduce the pay and allowances of officers hereby transferred to the line of the Navy below that now authorized for officers of the Staff Corps with corre- sponding rank and service. SEC. 16. All laws or parts of laws so far as they are inconsistent with or in conflict with the provisions of this Act are hereby repealed. SEC. 17. The Secretary of the Navy is hereby authorized and directed to appoint a board of officers of the Navy to investigate and report upon all matters concerning the status of line officers desig- nated for specialized duty. The board shall make specific recom- mendations as to the advisability of establishing a technical staff corps as an adjunct to the line of the Navy, but separate therefrom, such recommendations to include proposed permanent legislation deemed necessary to give effect thereto. The Secretary of the Navy is further directed to cause the report of the board herein authorized to be transmitted to the Congress within ten days of the beginning of the session of the Seventy-seventh Congress, commencing on or about January 3, 1941. Approved, June 25, 1940. 531 Retirement of lieu- tenantsandlieutenant commanders. 52 Stat. 949. 34 U. S. C., Supp. V, § 404 (c). 34 U. S. C., Supp. V, § 286a. Proviso. Ineligibility for pro- motion. Limitation on re- tirements. 34 U. S. C., Supp. V,§404(). Retired pay. 34 U. S. C., Supp. V, § 404 (b). Promotion recom- mended prior to trans- fer. 34 U. S. C., Supp. V, § 300 (b). No reduction in pay, etc. Repeal of Inconsis- tent laws. loard of oflera. Recommendations. Report to Congress.
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