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Page:United States Statutes at Large Volume 61 Part 1.djvu/897

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61 STAT.] 80rH CONG. , 1ST SESS.-CH. 512-AUG. 7 , 1947 873 and consent of the Senate: Provided, That officers now holding ap- pointments as acting chaplains shall be commissioned in the grade of lieutenant (junior grade) by the President without the advice and consent of the Senate: And provided further, That nothing contained herein shall operate to prevent the appointment of any person to the Corps of Chaplains in a grade above that of lieutenant (junior grade) pursuant to the Act of April 18, 1946 (Public Law 347, Seventy-ninth 0Stat. 92 . Congress). No person shall be appointed to the Corps of Chaplains Ate, pp . 738, 867; pursuant to this section until he shall have established his physical, post, . 877. mental, moral, and professional fitness to the satisfaction of the Secre- tary of the Navy. LIMITATION ON APPOINTMENTS IN THE GRADE OF ENSIGN FOR ENGINEERING DUTY, AERONAUTICAL ENGINEERING DUTY, AND SPECIAL DUTY SEC. 408. The President is authorized to permanently appoint and regularly commission in the line of the Navy in the grade of ensign, annually, officers designated for engineering duty, aeronautical engi- neering duty, or special duty, respectively, except officers designated for special duty who are required to hold a graduate degree, who are authorized to be so appointed and commissioned in the grade of lieu- tenant (junior grade). Such appointments shall not exceed as to each such designation the estimated number of vacancies, as deter- mined by the Secretary of the Navy, which will occur in the grade to which appointed during the current fiscal year. APPOINTMENTS IN THE GRADE OF ENSIGN IN THE STAFF CORPS SEC. 409. In any staff corps of the Regular Navy wherein officers may now be originally commissioned in the rank of ensign, the Presi- dent is authorized to permanently appoint and regularly commission in the grade of ensign, annually, a number of officers bearing the same relation to the number of officers of the line of the Regular Navy who are that year permanently appointed and regularly commissioned in the grade of ensign as the authorized number of officers on the active list of the Regular Navy in that corps bears to the authorized number of officers on the active list in the line of the Regular Navy: Provided, That when the ratio of officers on the active list in the line of the Regular Navy to officers on the active list of the Regular Navy in the staff corps concerned is greater than the ratio of the authorized num- ber of such line officers to the authorized number of such officers in that staff corps, the President may permanently appoint and regu- larly commission in the grade of ensign in that corps such additional officers, not to exceed the number necessary to bring said ratios into equality, as he shall determine to be required to meet the needs of the service. PROMOTION TO THE GRADE OF LIEUTENANT (JUNIOR GRADE) IN THE STAFF CORPS SEC. 410. A staff corps officer of the grade of ensign shall be eligible for promotion to the grade of lieutenant (junior grade) on the third anniversary of the date of rank stated in his commission as ensign. EXAMINATION OF OFFICERS PRIOR TO PROMOTION SEc. 411. (a) Except as otherwise provided, nothing in titles I through IV of this Act shall be held or construed to modify the pro- visions of existing law relating to the physical, mental, moral, and professional examination of officers prior to promotion, and such pro- visions of law, as herein amended, shall be applicable to all promo- tions effected pursuant to titles I through IV of this Act.