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Page:United States Statutes at Large Volume 61 Part 1.djvu/885

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61 STAT.] 80TH CONG. , 1ST SESS.-CH. 512 -AUG. 7, 1947 861 RFTIREMENT OF OFFICERS ABOVE THE GRADE OF CAPTAIN SEC. 313. (a) Rear admirals who, having been considered by two Rearadmirals. successive selection boards for recommendation for continuation on the active list, are not so recommended in the approved 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 2/2 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. (b) Should it be found, as of the time of the convening of a board for the consideration of rear admirals of the line who are not restricted in the performance of duty for continuation on the active list, that the number to be furnished the board as determined pur- suant to the provisions of subsection 308 (a) (8) would, except for Ante, p. 8. the proviso to said subsection, be less than 50 per centum of the number of such rear admirals, excluding those who have once failed of selection for continuation on the active list, eligible for such con- sideration, 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 con- tinuation on the active list, who completed four years of service in that grade and thirty-four years of total commissioned service, as defined in section 102 of title I of this Act, prior to July 1 of the A k e, p- 8 current fiscal year, and recommend for retirement a sufficient number so that the number to be furnished the board as so determined shall equal said 50 per centum. (c) The Secretary of the Navy shall make a special review of Rearadmirals n vacancies in the grade of rear admiral in the Chaplain Corps in the Cha"plan Cors. third fiscal year following the fiscal year in which this Act becomes effective, and in the third fiscal year of each three-year period there- after, and, should it be found, in any such third year, as of the time of the convening of a board for the consideration of captains of the Chaplain Corps for temporary promotion to the grade of rear admiral that no such captain was selected during the two preceding fiscal years because of lack of existing and estimated vacancies, and that no vacancy exists and none is estimated to occur during the ensuing twelve-month period, the Secretary of the Navy shall convene a board composed of three officers of the line of the grade of rear admiral or above, to consider rear admirals of the Chaplain Corps and to recommend one such officer for retirement. (d) The Secretary of the Navy shall make a special review of vacan- Rear admirals In cies in the grade of rear admiral in the Dental Corps in the second fiscal Dental year following the fiscal year in which this Act becomes effective, and in the second fiscal year of each two-year period thereafter, and, should it be found, in any such second year, as of the time of the convening of a board for the consideration of captains of the Dental Corps for tem- porary promotion to the grade of rear admiral, that no such captain was selected during the preceding fiscal year because of lack of existing and estimated vacancies and that no vacancy exists and none is esti- mated to occur during the ensuing twelve-month period, the Secretary of the Navy shall convene a board composed of one officer of the Dental