Page:United States Statutes at Large Volume 60 Part 1.djvu/1022

This page needs to be proofread.


60 STAT.] r 79TH CONG., 2D SESS.-CH. 952-AUG. 10, 1946 not less than three years of service as chief petty officers to com- missioned grades or ranks in like manner and under the same condi- tions and circumstances, except as otherwise provided in this sub- section, as is provided in that Act, as amended, for the appointment of commissioned warrant and warrant officers to commissioned grades or ranks. (b) The authority conferred upon the President by the Act approved June 27, 1942 (56 Stat. 422), as amended to appoint com- missioned warrant and warrant officers of the Regular Navy to com- missioned grades or ranks is hereby extended to include authority to appoint any enlisted man of the Regular Navy who has not, on the date of such appointment, attained his thirty-third birthday and who has served continuously and immediately prior to such appointment in the Regular Navy for a period of not less than four years to the commissioned grade or rank of ensign in the line or staff corps of the Regular Navy in like manner and under the same conditions and cir- cumstances, except as otherwise provided in this subsection, as is provided in that Act, as amended, for the appointment of commis- sioned warrant and warrant officers to commissioned grades or ranks: Provided,That the authorized number of commissioned officers of the line and of each staff corps to which appointments pursuant to this subsection may be made will not be increased according to the number of appointments made, and officers appointed pursuant to this sub- section shall not be carried as extra numbers in the grades or ranks in which appointed. (c) In computing the years of service necessary for appointment to commissioned grade or rank pursuant to the Act approved June 27, 1942 (56 Stat. 422), and pursuant to this section, at least one year of such service shall have been in the Regular Navy. The remaining portion of such service may have been active duty in a reserve com- ponent of the Navy after September 8, 1939, and before the termination of the present war as proclaimed by the President or established by Act or resolution of the Congress. SEc. 5. (a) Subsection 8 (c) of the Act approved July 24, 1941 (55 Stat. 604), is hereby amended to read as follows: "(c) An officer or enlisted man on 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 subsection (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." (b) Subsection 8 (e) of the Act approved July 24, 1941 (55 Stat. 604), is hereby amended to read as follows: "(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 and enlisted men to whom subsection (c) hereof is applicable retirement in the next higher rank shall be effected upon a finding by a naval retiring board that the disability was incident to the service while on active duty in the higher rank and upon a rating by such board, in accordance with regulations prescribed by the Secretary of the Navy, at not less than 30 per centum permanent disability. In all other cases officers and enlisted men shall be retired in accordance with existing law providing for the retirement of officers or enlisted men." SEC. 6. (a) Section 4 of the Act approved October 6, 1945 (Public Law 190, Seventy-ninth Congress), is hereby amended to read as follows: 995 Appointment of en- listed men as ensigns. 34 U. 8. 0., Snpp. , § § 338-338g. Restriction. Computation of service. 34 U. S. 0., Supp. V, §§ 338-338g. 34 U. S. C., Supp. V. 3og (c). Disability while serving under tempo- rary appointment. Infra. 34 U. 8. C., Supp. v, I 3og (e). Benefits, etc. Supra. 59 Stat. 539 . 10U. .C,Supp. V, §948.