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Page:United States Statutes at Large Volume 61 Part 1.djvu/831

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61 STAT.] 80TH CONG. , 1ST SESS.-CH. 512 -AUG. 7,1947 for the grade for which recommended in the order of their seniority at the time of approval of such report except that the names of officers recommended in an earlier approved report shall be placed upon the promotion list ahead of those recommended for promotion to the same grade in a later approved report. Promotions to fill vacancies in any grade among officers not restricted in the performance of duty or officers designated for the performance of limited duty and to fill vacancies in the grade of rear admiral among officers restricted in the performance of duty shall be made from among officers of the appro- priate category whose names appear on the promotion list for the grade concerned and in the order of placement on the said promotion list. Each commander, lieutenant commander, and lieutenant (junior grade) restricted in the performance of duty whose name appears on a promotion list shall be eligible for promotion to the next higher grade when the officer not restricted in the performance of duty whose name appears next below his on the promotion list becomes eligible for promotion and, for the purposes of this section, such date of eligibility for promotion shall be regarded as the date of vacancy in the higher grade. Each lieutenant restricted in the performance of duty whose name appears on a promotion list shall be eligible for promotion to the grade of lieutenant commander when the officer not restricted in the performance of duty whose name appears next below his on the promotion list becomes eligible for promotion or when a vacancy exists in the combined grades of captain, commander, and lieutenant commander among officers restricted in the performance of duty, whichever may be the later, and for the purposes of this section such date of eligibility for promotion shall be regarded as the date of vacancy in the higher grade. (b) The commission of each officer promoted to a higher grade shall bear such date of rank and precedence number which, upon his promo- tion, will assure him precedence in accordance with the order in which his name appeared on the promotion list; no increased pay or allow- ances shall accrue to any officer prior to the date of the occurrence of the vacancy which he is promoted to fill. (c) The President may remove the name of any officer from the promotion list. An officer whose name is so removed from the promo- tion list, or one whose appointment is rejected by the Senate, shall continue to be eligible for consideration for recommendation for pro- motion: Provided, That the next ensuing selection board may recom- mend the officer concerned for promotion, and thereupon, with the approval of the President, the name of such officer shall be replaced on the promotion list, without prejudice by reason of its having been temporarily removed therefrom, and when promoted such officer shall take the same lineal rank and date of rank that he would have had had his name not been so removed: And provided further, That if such officer is not so recommended by such next ensuing selection board or if the President shall again remove his name from the promotion list or if the Senate shall again reject his appointment, he shall be held for all purposes to have twice failed of selection for promotion. (d) No officer shall be promoted to a grade above lieutenant unless he has had not less than two years' sea or foreign service in the grade in which serving and on the promotion list for that grade: Provided, That the qualification of sea or foreign service shall not apply to officers restricted by law to the performance of engineering duty only, aeronautical engineering duty only, or special duty only: And provided further, That the Secretary of the Navy shall determine the types of duty which may be counted for the purpose of this subsection. 807 Commission of offi- cer promoted to higher grade, etc. Removal from pro- motion list. Replacement. Sea or foreign serv- ice.