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Page:United States Statutes at Large Volume 61 Part 1.djvu/891

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61 STAT.] 80TH CONG., 1ST SESS.- CH. 512-AUG. 7, 1947 (v) Officers recommended for retirement in the report of a board convened pursuant to subsections (1), (m), and (t) of this section, as approved by the President, shall, if not otherwise retired pursuant to law, be placed on 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 serv- ing in the grade of colonel 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. (w) From among the officers designated for supply 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. (x) Nothing in this section shall be held to reduce the retired rank or pay to which an officer would be entitled under other provisions of law. (y) The report of a board convened pursuant to the provisions of subsections (1), (m), and (t) of this section shall be submitted to the President for approval or disapproval; if the President shall disap- prove the recommendations of the board in whole or in part, the board shall then recommend additional appropriate general officers for retire- ment equal to the number disapproved by the President. DETERMINATION OF UPPER AND LOWER HALF REAR ADMIRALS SEC. 315. Rear admirals on the active list of the line in the upper half of that grade, exclusive of officers carried as additional numbers in grade, shall be entitled to the pay and allowances prescribed by law for rear admirals of the upper half: Provided, That for the purpose of determining the number of rear admirals in the upper half, there shall be excluded those officers carried as additional num- bers in that grade, and each rear admiral carried as an additional number in that grade shall be entitled to such pay and allowances from the date on which the officer next junior to him becomes entitled thereto pursuant to this section: And provided further, That for the purposes of determining the number of rear adn(irals in the upper half, an officer serving in the grade of admiral or vice admiral shall be regarded as serving in the grade to which he would be entitled other than by virtue of his appointment in the grade of admiral or vice admiral. SPECIAL PROVISIONS SEC. 316. (a) No officer serving in warrant grade shall be tempo- rarily advanced to commissioned warrant officer until he shall have completed six years of service in warrant or higher grade. (b) So much of paragraphs 2 and 3 of subsection (c) of section 5 of the Act of April 18, 1946 (Public Law 347, Seventy-ninth Con- gress, second session), as relates to the assignment or reassignment of running mates to officers in the Staff Corps is hereby repealed. (c) Nothing in this title shall be held to confer permanent commis- sioned status in the Regular Navy or Marine Corps upon any Reserve officer or any person temporarily appointed to the grade of ensign or above from a grade or rating below ensign. (d) Notwithstanding any other provision of this title, the Presi- dent is authorized to terminate any temporary appointment effected pursuant to authority of titles I through IV of this Act. 867 Retired pay. Recommendation for continuation on active list. Retired rank, etc. Submission of re- port to President. Officer serving in warrant grade. Repeal. 60 Stat. 93. 34U.S.C. 15(c)(2), (3). Permanent commis- sioned status. Termination of tem- porary appointment.