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Page:United States Statutes at Large Volume 61 Part 1.djvu/899

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61 STAT.] 80TH CONG., 1ST SESS.-CH. 512-AUG. 7, 1947 approval of this Act: And providedfurther, That nothing in this sub- section shall be held to reduce the retired rank or pay to which an officer would be entitled under other provision of law. (b) Section 309 of the Act of June 25, 1938 (52 Stat. 1183), is amended by deleting the period at the end of the section and adding the following: "; however, all naval reservists heretofore and here- after holding rank or grade on the honorary retired list above that of captain in the Naval Reserve solely by virtue 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 honorary retired list: And provided further, That the provisions of the preceding proviso shall not apply in the case of any naval reservist who has been so commended if the act or service justifying the commendation was performed after December 31, 1946." DESIGNATION OF NAVAL OFFICERS FOR CERTAIN COMMANDS OR UNUSUAL MISSIONS SEC. 413. (a) The President is authorized to designate officers of the active list of the Navy for the command of fleets or subdivisions thereof, or to command naval units afloat organized for the purpose of performing a special or unusual mission, or for the performance of any duty of great importance and responsibility, and officers so designated may, by and with the advice and consent of the Senate, have the grade, rank, pay, and allowances of admiral or vice admiral while so serving: Provided, That the number of officers who may be so serving at any one time shall not exceed 15 per centum of the total authorized number of officers of the line of the Regular Navy above the grade of captain, determined pursuant to sections 103 and 303 of this Act, and, of such number, not to exceed eight, may be serving in the grade of admiral: Provided further, That after July 1, 1948, except in time of war or national emergency declared after the effec- tive date of this Act, not to exceed twenty-six officers, including the Chief of Naval Operations, may be so serving at any one time of whom only the Chief of Naval Operations, and three others, may have the rank of admiral; whenever a naval officer is assigned as Chief of Staff to the President as Commander in Chief, he shall have, by and with the advice and consent of the Senate, unless entitled under other provisions of law to higher grade, rank, pay, or allowances, the grade, rank, pay, and allowances of admiral while so serving and shall be in addition to the numbers otherwise authorized by this subsection: Pro- vided further, That the designation of any officer as authorized by this section shall not create a vacancy in any grade of the Navy or increase the total number of officers allowed by law: And provided further, That officers so designated shall have such precedence among themselves in the grade in which serving pursuant to this section as may be determined by the Secretary of the Navy. (b) In time of war or national emergency the designations author- ized by this section shall be made from among officers not below the grade of captain, and at all other times from among officers above the grade of captain. (c) Each officer so designated shall receive the pay and allowances now or hereafter prescribed by law for the grade in which serving pursuant to this section from the date of reporting for the duty desig- nated and until detached therefrom, at which time he shall resume his regular grade and lineal position on the active list of the Navy. 875 Restriction. 34U.S. . §8Mh. Naval reservists. Ante, pp. 79, 831. Precedence. Pay and allowances.