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Page:United States Statutes at Large Volume 61 Part 1.djvu/874

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PUBLIC LAWS-CH. 512-AUG. 7 , 1947 Continuation on ac- tive list. Rear admirals. Ante, p. 844. Captains designated for engineering or special duty. Ante, p. 844. Basis of recommen- dation. Temporary promo- tions. Restriction. Officers not holding permanent appoint- ments. Ante, p. 844 Failure of selection. (2) From among those rear admirals not restricted in the perform- ance of duty who are eligible for consideration for continuation on the active list, the board shall recommend for such continuation those officers whom it considers best fitted for continued service on the active list, in number equal to the number furnished the board by the Secretary of the Navy as provided in section 308 of this title. (3) From among those captains designated for engineering duty, aeronautical engineering duty, or special duty who are eligible for consideration for continuation on the active list, the board shall recom- mend for such continuation those officers, of each such category, whom it considers best fitted for continued service on the active list, in number not exceeding the number furnished the board by the Secretary of the Navy, with respect to that category, as provided in section 308 of this title. (4) The recommendation of the board in respect to the temporary promotion of officers who are now or may hereafter be designated for engineering duty, aeronautical engineering duty, special duty, or lim- ited duty, shall be based upon their comparative fitness, within such categories, for the duties prescribed for them by law. (b) The following provisions shall relate to staff officers: (1) From among those officers holding permanent appointments in the Regular Navy who are eligible for consideration for temporary promotion, each board shall recommend for temporary promotion those officers, if of the grade of lieutenant commander or above, or if designated for limited duty in grades above ensign, whom it con- siders best fitted for temporary promotion, and, if of the grade of lieutenant or lieutenant (junior grade) in the Supply and Civil Engineer Corps or if of the grade of lieutenant in the Nurse Corps, those whom it considers best fitted for temporary promotion, or, if of the grade of lieutenant or lieutenant (junior grade) in the Medical Corps, Chaplain Corps, Civil Engineer Corps, Dental Corps, or Medical Service Corps, or of the grade of lieutenant (junior grade) in the Nurse Corps, those whom it considers fitted for tem- porary promotion: Provided, That from among eligible officers hold- ing permanent appointments in the grades of ensign and above in the Regular Navy who are junior in lineal rank to the junior officers in the appropriate promotion zone in a grade below that of captain, the board may not recommend as best fitted for temporary promotion, a number exceeding 5 per centum of the total number of officers that the board is authorized to recommend for temporary promotion to the grade concerned or, if such 5 per centum shall not equal the whole number one, a number exceeding one: Provided further, That from among those eligible officers not holding permanent appointments in the Regular Navy the board shall recommend for temporary promo- tion those whom it considers qualified for continued active duty: Provided further, That the total number of officers holding perma- nent appointments in the Regular Navy plus the number of officers not holding permanent appointments in the Regular Navy which may be recommended for temporary promotion in each grade shall not exceed the number furnished the board concerned by the Secretary of the Navy as provided in section 308 of this title: Providedfurther, That in each grade, except with respect to lieutenant commanders and lieutenants of the Nurse Corps, the junior officer in a promotion zone and all officers of his category senior to him in lineal rank who are eligible for consideration shall, if not selected for temporary pro- motion, be considered as having failed of selection for temporary promotion, and no such officer junior in lineal rank to said junior officer m said promotion zone shall, if not selected for temporary promotion, be considered as having failed of selection for temporary promotion: 850 [61 STAT.