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Page:United States Statutes at Large Volume 61 Part 1.djvu/892

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PUBLIC LAWS-CH. 512-AUG. 7,1947 Continuation of (e) Upon the termination of this title, officers holding permanent service of designated . I officers. commissions in the Regular Navy in grades above commissioned war- rant officer serving in a grade by virtue of temporary appointment therein may continue to so serve until a vacancy occurs for their per- manent appointment therein and such officers upon a promotion list for temporary promotion to the next higher grade shall be held and considered to be on the promotion list for permanent promotion thereto. ailureofselection. (f) A failure of selection for temporary promotion to any grade or a failure of selection for continuation on the active list pursuant to the provisions of this title shall be deemed, in the cases of officers holding permanent appointments in the Regular Navy, to also con- stitute a failure of selection for permanent promotion to that grade. eteductinin grade (g) Nothing in this title shall be held to reduce the grade or rank held by any officer on the date of approval of this Act under perma- nent appointment therein. tstirement o cap- (h) Notwithstanding any other provision of this title, no captain who will have twenty-nine or more years of total commissioned service on June 30 next after the date of approval of this Act shall be placed on the retired list pursuant to the provisions of this title until he shall have twice failed of selection for promotion to the grade of rear admiral in the approved reports of selection boards convened 34U.S.C.1 pursuant to the provisions of the Act approved June 23, 1938 (52 Stat. 944), as amended, or of titles I through IV of this Act: Provided, that no such captain designated for engineering duty only, aeronau- tical engineering duty only, or special duty only shall be placed on the retired list pursuant to the provisions of this title until his name shall have been twice submitted to selection boards, convened pursuant to titles I through IV of this Act, for consideration for promotion to the grade of rear admiral. proffi edsat o (i) All officers holding permanent appointments on the active list recommendation of of the regular Navy who received their last permanent promotions as board. "best fitted", "fitted and retained", or "fitted" shall no longer be so characterized, designated, or described, but shall be regarded as having received such promotions pursuant to the recommendation of a selec- tion board as prescribed in titles I through IV of this Act. Retirement grade. (j) Any officer serving in the grade of rear admiral or below under authority of this title by virtue of a temporary appointment therein shall, if retired while so serving, be retired in the grade in which serving with retired pay based on the active-duty pay to which he was entitled at the time of retirement unless otherwise entitled to higher retired grade or pay. Apmlicationplirisio (k) In effecting temporary promotions pursuant to the provisions of this title, the provisions of law relative to the mental, moral, and professional examination of officers prior to promotion shall not be applicable to officers not holding permanent appointments on the active list of the Regular Navy above the grade of commissioned warrant officer but shall be applicable to officers holding such appointments. Officers having successfully passed such examination for temporary promotion to a grade shall not again be examined for permanent appointment in that grade. porar appointments (I) The President is authorized, in his discretion, to affirm the Warrant ofer. temporary appointments of warrant and commissioned warrant offi- 34 U.. C . if 350 cers who are serving as such on the effective date of this Act pursuant 3". to the authority of the Act of July 24, 1941 (55 Stat. 603 ), as amended. Ante, . 3 12313. Upon such affirmation such appointment shall thereafter be considered as having been effected pursuant to the authority contained in this title. 868 [61 STAT.