Page:United States Statutes at Large Volume 61 Part 1.djvu/876

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PUBLIC LAWS-CH. 512-AUG. 7, 1947 Submission to Pres- ident. Promotion list. Ante, p. 881 . Temporary promo- tion. Ane, p. 831 . Sea or foreign serv- Ice. (c) The report of the board shall be submitted to the President for approval or disapproval: Provided,That in case any officer or officers recommended by the board for temporary promotion, or, in the case of rear admirals or captains, for continuation on the active list, be not acceptable to the President, the board shall be informed of the name of such officer or officers and shall recommend a number of officers for temporary promotion or for continuation on the active list, as the case may be, equal to the number of those found not acceptable to the President, and, if necessary, the board shall be reconvened for this purpose. TEMPORARY PROMOTIONS AND PERMANENT APPOINTMENTS SEC. 311. (a) The following provisions shall relate to line officers: (1) Officers recommended for temporary promotion in the report of a selection board, as approved by the President, shall be regarded as having been selected for temporary promotion and their names shall be placed upon a promotion list for the grade for which selected in the order of their seniority at the time of approval of such report except that the names of officers selected in a later report shall be placed upon the promotion list after those selected for temporary pro- motion to the same grade in an earlier report. Temporary promo- tions to fill vacancies in any grade shall be made from among officers of the next lower grade whose names appear on the promotion list. Officers not restricted in the performance of duty whose names appear on the promotion list shall, in the order in which their names appear thereon, become eligible for temporary promotion to the next higher grade as vacancies therein occur among officers of the same category. Officers designated for limited duty whose names appear on the pro- motion list shall, in the order in which their names appear thereon, become eligible for temporary promotion to the next higher grade as vacancies therein occur among officers of the same designation. Cap- tains designated for engineering duty, aeronautical engineering duty, or special duty whose names appear on the temporary promotion list shall, in the order in which their names appear thereon, become eligible for temporary promotion to the grade of rear admiral as vacancies therein occur among officers of such categories. An officer designated for engineering duty, aeronautical engineering duty, or special duty of a grade below captain whose name appears on a promotion list, shall, subject to the provisions of subsections 303 (c), (d), and (e) of this title, be eligible for temporary 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 temporary promotion. (2) Upon temporary promotion to a higher grade an officer shall be assigned such date of rank and registered number as will assure him precedence in accordance with the order in which his name appeared on the promotion list for that grade and shall be entitled to the pay and allowances of the higher grade from the date of the occurrence of the vacancy which he is temporarily promoted to fill: Provided, That an officer below the grade of captain designated for engineering duty, aeronautical engineering duty, or special duty except one temporarily promoted to fill a vacancy after delay in promotion occasioned by operation of subsection 303 (c), (d), or (e) of this title, shall, upon temporary promotion, be entitled to the pay and allowances of the grade to which temporarily promoted from the date upon which he became eligible for temporary promotion. (3) On or after July 1, 1949, no officer holding a permanent commis- sion n the Regular Navy above the grade of commissioned warrant officer shall be temporarily promoted to a grade above lieutenant unless 852 [61 STAT.