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Page:United States Statutes at Large Volume 61 Part 1.djvu/898

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PUBLIC LAWS-CH. 512-AUG. 7 , 1947 34U. S. C. i283. Suspension from promotion. 34 U. . C. §§2SO, 284, 322, 323. Laws relating to examination for pro- motion, etc. Rank and pay. Recall to active duty. Nonapplicability. Restriction. Retirement prior to approval of Act. (b) Section 1505, Revised Statutes, as amended, is hereby further amended to read as follows: "SEC. 1505. Any officer of the Navy on the active list who, upon examination for promotion, is found not professionally qualified, shall be suspended from promotion for a period of six months from the date of approval of said examination, and upon the termination of said suspension from promotion he shall be reexamined. In the case of his success upon such reexamination he shall, if otherwise qualified, be promoted and assigned the date of rank and precedence in the higher grade which he would have held had he not been so suspended and shall be entitled to the pay and allowances of such higher grade from the date upon which he became eligible for promotion. Officers of the grade of ensign who fail on such reexamination shall be honor- ably discharged from the service with a lump-sum payment computed on the basis of two months' active duty pay at the time of discharge for each year of active commissioned service in the Regular Navy and Naval Reserve, exclusive of duty for training, but not to exceed a total of one year's active duty pay.' (c) Section 20 of the Act approved May 22, 1917 (40 Stat. 89), is hereby amended to read as follows: "SEC. 20. That hereafter all laws relating to the examination of officers of the Navy for promotion shall be construed to apply to staff officers of the Navy on the active list: Provided,That the President is authorized to direct the Secretary of the Navy to take such action on the records of proceedings of naval examining boards and boards of naval surgeons for the promotion of officers of the Navy as is now required by law to be taken by the President." RETIREMENT OF OFFICERS SPECIALLY COMMENDED FOR PERFORMANCE OF DUTY IN COMBAT SEC. 412. (a) All officers of the Navy, Marine Corps, and the Reserve components thereof, who have been specially commended for their performance of duty in actual combat by the head of the executive department under whose jurisdiction such duty was performed, when retired, except officers on a promotion list who may be retired for physical disability, shall, upon retirement, be placed upon the retired list with the rank of the next higher grade than that in which serving at the time of retirement and with three-fourths of the active-duty pay of the grade in which serving at the time of retirement and the grade in which serving at the time of retirement shall be construed to mean the highest grade in which so serving whether by virtue of permanent or temporary appointment therein: Provided, That all officers heretofore and hereafter holding rank or grade on the retired list above that of captain in the Navy or colonel in the Marine Corps solely by virture of such commendation, if hereafter recalled to active duty, may, in the discretion of the Secretary of the Navy, be so recalled either in the rank or grade to which they would otherwise be entitled had they not been accorded higher rank or grade by virtue of such commendation, or in the rank or grade held by them on the retired list: Provided further, That the provisions of this subsection shall not apply in the case of any officer who has been so commended if the act or service justifying the commendation was performed after December 31, 1946: Providedfurther, That nothing in this subsection shall be construed to increase the retired pay of officers heretofore or hereafter placed upon the honorary retired list for the Naval Reserve: Protvded further, That officers of the classes described in this sub- section who have been retired prior to the date of approval of this Act shall be entitled to the benefits of this subsection from the date of 874 [61 STAT.