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Page:United States Statutes at Large Volume 61 Part 1.djvu/822

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PUBLIC LAWS-CH. 512-AUG. 7, 1947 TITLE I-PERMANENT PROVISIONS RELATING TO OFFI- CERS OF THE LINE OF THE NAVY PERMANENT STATUS OF TITLE I SEC. 101. The provisions of this title shall constitute permanent, as distinguished from terminable, provisions of law relating to the distribution of commissioned officers in the various grades of the line of the Regular Navy, to the promotion of such officers to the grades above that of lieutenant (junior grade), and to their involuntary separation from the active list. DEFINITIONS "Offiers." SEC. 102. (a) As used in this title, the word "officers" shall be held to mean commissioned officers holding permanent appointments as such on the active list in the line of the Regular Navy. Unless otherwise qualified, it shall be held to include officers designated for engineering duty, aeronautical engineering duty, special duty, and limited duty, and to exclude commissioned warrant officers. Military titles. (b) As used in this title, military titles shall be held to describe an officer or officers, as the case may be, holding permanent appointment on the active list in the line of the Regular Navy in the grade concerned. thNotrestrited in (c) As used in this title, the words "not restricted in the perform- duty." ance of duty" shall be held to describe officers not designated for engineering duty, aeronautical engineering duty, special duty, or lim- ited duty, or officers of the Marine Corps not designated for supply duty or limited duty. commiUtssioned sec (d) For the purposes of this title in respect to eligibility for continuation on the active list and in respect to separation from the active list, the total commissioned service of an officer who shall have served continuously in the Regular Navy following appointment therein in the grade or rank of ensign upon graduation from the 60 Stat. 1057. Naval Academy or pursuant to the Act of August 13, 1946 (Public i eeq. Law 729, Seventy-ninth Congress), shall be computed from June 30 At, P 80. 0' 10o; of the fiscal year in which he accepted such appointment. Each other officer shall be deemed to have for these purposes as much total com- missioned service as any officer described above in this subsection who shall not have lost numbers or precedence and who is, or shall have been, junior to such other officer for the purpose of eligibility for promotion or selection for promotion since the date of the latter's first appointment to permanent commissioned rank in the Regular Navy above the grade of commissioned warrant officer, following which he shall have served continuously on the active list of the Regular Navy. Actve-duty pay. (e) The words "active-duty pay" as used in sections 112 and 113 of this title shall be construed to mean the base and longevity pay the retired officer concerned would receive if serving on active duty in his grade. DISTRIBUTION OF OFFICERS SEC. 103. (a) The total number of officers on the active list at any one time, exclusive of officers carried by law as additional numbers in grade and of fleet admirals, shall be distributed in the proportion of seventy-five one-hundredths of one in the grade of rear admiral, to six in the grade of captain, to twelve in the grade of commander, to eighteen in the grade of lieutenant commander, to twenty-four and seventy-five one-hundredths in the grade of lieutenant, to thirty-eight and fifty one-hundredths in the combined grades of lieutenant (junior 798 [61 STAT.