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Page:United States Statutes at Large Volume 61 Part 1.djvu/835

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61 STAT.] 80TH CONG. , 1ST SESS.-CH. 512-AUG. 7, 1947 equal to 15 per centum of the authorized number of rear admirals designated for engineering duty, aeronautical engineering duty, or special duty, the Secretary of the Navy shall convene a board of not less than five officers, 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. (e) The report of a board convened pursuant to the provisions of this section shall be submitted to the President for approval or dis- approval; if the President shall disapprove the recommendations of the board in whole or in part, the board shall then recommend additional rear admirals for retirement equal to the number disap- proved by the President. (f) Officers so recommended for retirement as approved by the President 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 21/2 per centum of their active-duty pay in the grade in 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. (g) Nothing in this section shall be held to reduce the retired rank or pay to which an officer would be entitled under other provision of law. MARINE CORPS SEC. 114. (a) Commissioned officers of the Marine Corps shall be authorized in number in the same proportion to authorized enlisted strength and shall be distributed in grades, promoted, retired, and dis- charged in like manner and with the same relative conditions in all respects as provided for commissioned officers of the line of the Navy, by existing law, or by laws hereafter enacted, except as may be neces- sary to adapt the said provisions to the Marine Corps, or as herein otherwise provided. (b) Of the authorized number of commissioned officers above the grade of colonel who are not restricted in the performance of duty, not more than 50 per centum may be major generals and the remainder brigadier generals: Provided, That after July 1, 1948, except in time of war or national emergency declared after the effective date of this Act, the number of such officers shall not exceed thirty-two, of which not exceeding twelve may be major generals. (c) The number of brigadier generals designated for supply duty, including the officer serving as the head of the Supply Department, shall not exceed at any one time a number equal to 13 per centum of the number of general officers of the Marine Corps not restricted in the performance of duty authorized at that time: Provided, That except in time of war or national emergency declared after the effective date of this Act, such number shall not exceed four. (d) The total number of officers designated for supply duty in the combined grades of colonel, lieutenant colonel, and major shall not exceed at any one time a number equal to 8 per centum of the total number of officers not restricted in the performance of duty authorized in those grades at that time. (e) The requirement of sea or foreign service in grade shall not apply to promotion of officers of the Marine Corps. (f) Selection boards shall consist of nine officers of the active list of the Marine Corps, the composition of the boards to be determined 811 Submission of re- port to President. Retired pay, etc. Officei, alHuve grale of colonel tlot re- strlcted In utty. Supply duty. Brigadier generals. Combined grades of colonel, lieutenant colonel, and major. Sea or foreign serv- ice.