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Page:United States Statutes at Large Volume 61 Part 1.djvu/857

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61 STAT.] 80TH CONG. , IST SESS.-CH. 512 -AUG. 7, 1947 (i) Officers holding permanent appointments in the Regular Navy and Marine Corps temporarily appointed to higher grades under the authority of this title shall, for the purposes of titles I and II of this Act, be counted in their permanent grades, and, for the purposes of this section, be counted in their temporary grades. (j) Whenever a final fraction occurs in any computation made pur- suant to this title, the nearest whole number shall be taken, and if such fraction be one-half the next higher whole number shall be taken. (k) Upon determination of the authorized number of officers in each of the various grades and in the combined grades of lieutenant (junior grade) and ensign, with respect to officers serving on active duty as provided in this section, and with respect to officers holding permanent appointments on the active list of the Regular Navy, as provided in section 103 of title I and section 203 of title II of this Act, computa- tions shall be made by the Secretary of the Navy to determine the authorized number of officers which may serve under temporary appointment in the line in each of the various grades and in the com- bined grades of lieutenant (junior grade) and ensign and in each grade in a staff corps where computations are prescribed to determine the authorized number. Should the Secretary of the Navy determine, at the time of making the computations prescribed by subsections (g) and (h) of this section, that in any grade above lieutenant (junior grade) a lesser number of officers than the computed number of officers for that grade is required to meet the needs of the service, the lesser number shall be held and considered to be the authorized number for that grade and the reduction may be applied as an increase in the authorized number of such officers in any lower grade or grades. REDISTRIBUTION; LINEAL LISTS; RETENTION OF REAR ADMIRALS SEC. 304. (a) As soon as practicable, but not later than thirty days after the date of approval of this Act, the Secretary of the Navy shall establish a single lineal list of all officers of the grade of ensign and above of the line of the Navy or Naval Reserve on active duty on the date of establishment of such list, and such lineal list shall constitute the order of seniority of such officers as of the date of its establish- ment: Provided, That there shall be excluded from such lineal list the following: (1) Retired officers of the Navy or Naval Reserve who are on active duty; (2) retired enlisted men on active duty serving under a temporary appointment above commissioned warrant officer pursuant to the Act of July 24, 1941 (55 Stat. 603), as amended; (3) members of the Fleet Reserve on active duty serving under a tem- porary appointment above commissioned warrant officer pursuant to the Act of July 24, 1941 (55 Stat. 603), as amended; (4) temporary officers serving in grades above commissioned warrant officers pursuant to the Act of July 24, 1941 (55 Stat. 603), as amended, whose only appointment to any such grades was one for a period of limited duration; (5) regular or temporary officers of the Navy or officers of the Naval Reserve, who, prior to the establishment of the lineal list, are under orders directing their release from active duty; and (6) officers of the Naval Reserve ordered to active duty in connection with organizing, administering, recruiting, instructing, training, or drill- ing the Naval Reserve, or ordered to temporary active duty for the purpose of prosecuting special work. Officers shall be placed on this list in accordance with the grade or rank and precedence held by them on the date of approval of this Act whether by virtue of temporary or permanent appointment except officers serving with the rank of rear admiral without appointment to that grade or rank shall be placed upon such list in accordance with the grade and precedence which they would hold were they not serving with the rank of rear 95347' -4 8 -pt. 1 -53 833 Temporaryappoint- ments. Ante, pp. 798,815. Final fraction. Ante, pp. 798, 816. Lineal lst4 Exclusions. 34 U. S. C(.1 30- e, pp 3131J. Ante, pp. 312, 313.