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Page:United States Statutes at Large Volume 61 Part 1.djvu/834

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PUBLIC LAWS-CH. 512 -AUG. 7, 1947 of 75 per centum of the active-duty pay of the rank to which selected. Applicabiltyofd (i) The provisions of this title relating to the discharge or retire- ofic aovege of ment of officers who have twice failed of selection for promotion shall ensign be applicable to officers above the grade of ensign who fail on profes- sional reexamination for promotion in the same manner as if such officers had twice failed of selection for promotion. (j) Nothing in this section shall be held to reduce the retired rank or pay to which an officer would be entitled under other provisions of law. RETIREMENT OF OFFICERS ABOVE THE GRADE OF CAPTAIN Reradmas. SEC. 113. (a) Rear admirals who, having been considered by two successive selection boards for recommendation for continuation on the active list, are not so recommended in the approval report of such a board shall, if not otherwise retired pursuant to law, be placed upon the retired list on June 30 of the then current fiscal year with retired pay at the rate of 212 per centum of their active-duty pay in the grade m which serving at the time of retirement multiplied by the number of years of service for which they would be entitled to credit in the computation of pay on the active list had they been serving in the grade of captain at the time of their retirement, but retired pay so computed shall not exceed a total of 75 per centum of said active- duty pay. (b) Should it be found, as of the time of the convening of a board for the consideration of rear admirals who are not restricted in the performance of duty for continuation on the active list, that the num- ber to be furnished the board as determined pursuant to the provisions Ant, p.80 of subsection 108 (h) would, except for the proviso to said subsection, be less than 50 per centum of the number of such rear admirals, exclud- ing those who have once failed of selection for continuation on the active list, eligible for such consideration, the Secretary of the Navy shall convene a board of not less than five officers, not restricted in the performance of duty and serving in ranks above that of rear admiral, to consider such rear admirals, excluding those who have once failed of selection for continuation on the active list, who completed four years of service in that grade and thirty-four years of total commis- sioned service prior to July 1 of the then current fiscal year, and rec- ommend for retirement a sufficient number so that the number to be furnished the board as so determined shall equal said 50 per centum. (c) Should it be found, as of the time of the convening of a board for the consideration of captains who are not restricted in the perform- ance of duty for promotion to the grade of rear admiral, that the number of vacancies existing plus the estimated number of vacancies which will occur during the ensuing twelve-month period in the grade of rear admiral is less than will permit the selection for promotion of a number of captains equal to 10 per centum of the authorized number of rear admirals, not restricted in the performance of duty, the Secre- tary of the Navy shall convene a board of not less than five officers, not restricted in the performance of duty and serving in ranks above that of rear admiral, to consider and recommend for retirement a sufficient number of such rear admirals to permit the selection for promotion of the said number of such captains. (d) Should it be found, as of the time of the convening of a board for the consideration of captains designated for engineering duty, aeronautical engineering duty or special duty for promotion to the grade of rear admiral, that the number of vacancies existing plus the estimated number of vacancies which will occur during the ensuing twelve-month period in the grade of rear admiral is less than will permit the selection for promotion of a number of such captains 810 [61 STAT.