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Page:United States Statutes at Large Volume 61 Part 1.djvu/887

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61 STAT.] 80TH CONG., 1ST SESS.-CH. 512-AUG. 7, 1947 (i) The boards provided for in this section relative to staff officers, except as otherwise specified in this section, shall be composed of officers on the active list of the Navy of the corps concerned. In case there be not a sufficient number of officers of the corps concerned legally or physically capacitated to serve on a selection board of such corps, officers of the line on the active list of equivalent rank may be detailed to duty on such board to constitute the required membership. (j) 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 addi- tional rear admirals for retirement equal in number to those dis- approved by the President. (k) 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. (1) 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. 314. (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 discharged 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 necessary 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 above nid the remainder brigadier 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. (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 temporary 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 by the Secretary of the Navy: Provided,That no officer shall be recom- mended for temporary promotion or for continuation on the active list unless he shall have received the recommendation of not less than two- thirds of the acting members of the board: Provided further, That whenever there are insufficient general officers available to comprise a 863 Composition of boards. Submission of re. port to President. Retired pay. Restriction. Ofmfi rs above grade of (colonel not re- strllctd itn duty. Slipply duty. lrirgadiler geerals. Combined grades of colonel, lieutenant colonel, and major. Sea or foreign serv- ice. Selection boards. Recommendation for temporary promo- tion. etc.