PUBLIC LAWS-CH. 320 -JULY 24, 1941 Determination of number. Senate approval of certain appointments. Permanent status of those temporarily ap- pointed, etc. Prvisos. Pay and allowances. Temporary ap- pointees to suffer no Uniform gratuity, enlisted men. Retirement benefits for designated classes. Conditions and de- gee of disability. SEC. 5 . The temporary appointments under the authority of this Act shall be in such numbers as the President may determine that the needs of the service require and in such manner and under such regulations as he may prescribe. SEC. 6 . Temporary appointments under the authority of this Act shall, if they are to the rank or grade of rear admiral in the Navy or general officer in the Marine Corps, be made by and with the advice and consent of the Senate; if to lower ranks or grades, they may be made by the President alone. SEC. 7 . (a) The permanent, probationary, or acting appointments of those persons temporarily appointed in accordance with the pro- visions of this Act shall not be vacated by reason of such temporary appointments, such persons shall not be prejudiced thereby in regard to promotion advancement or appointment in accordance with laws relating to the Regular Navy or Marine Corps, and their rights, benefits, privileges, and gratuities shall not be lost or abridged in any respect whatever by their acceptance of commissions or war- rants hereunder: Provided, That except as otherwise provided herein no person who shall accept a commission or warrant under sections 2 and 3 of this Act shall, while serving thereunder, be entitled to pay or allowances except as provided by law for the position tem- porarily occupied: Provided further, That no person temporarily appointed under the authority of this Act shall suffer any reduction in pay and allowances to which he would have been entitled had he not been so temporarily appointed. (b) Enlisted men shall, upon being initially appointed as pro- vided by section 2 of this Act, be paid the sum of $250 as a uniform gratuity. SEC. 8. (a) An officer or enlisted man of the active list of the Regular Navy or Marine Corps, or an enlisted man of the Fleet Reserve or Fleet Marine Corps Reserve, who incurs physical disa- bility while serving under a temporary appointment in a higher rank, shall be retired in such higher rank with retired pay at the rate of 75 per centum of the active-duty pay to which he was entitled while serving in that rank. (b) An officer or enlisted man of the retired list of the Regular Navy or Marine Corps who was placed thereon for reasons other than physical disability shall, if he incurs physical disability while serving under a temporary appointment in a higher rank, be advanced on the retired list to such higher rank with retired pay at the rate of 75 per centum of the active duty pay to which he was entitled while serving in that rank. (c) An officer of the retired list of the Regular Navy or Marine Corps who was placed thereon by reason of physical disability shall, if he incurs physical disability while serving under a temporary appointment in a higher rank, subject to the provisions of subsec- tion (e) hereof, be advanced on the retired list to such higher rank with retired pay at the rate of 75 per centum of the active-duty pay to which he was entitled while serving in that rank. (d) An officer of the retired list of the Regular Navy or Marine Corps who was placed thereon for reasons other than physical dis- ability shall, if he incurs physical disability while serving on active duty in the same rank as that held by him on the retired list and if not otherwise entitled thereto, receive 75 per centum of the active- duty pay to which he was entitled while serving in that rank. (e) The benefits of this section shall apply only to an individual who incurs physical disability in line of duty in time of war or national emergency. In the case of those officers to whom subsec- tion (c) hereof is applicable retirement in the next higher rank shall [55 STAT.
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