PUBLIC LAWS-CH. 390-JUNE 3, 1948 Vacancies. Lieutenant (g) and lieutenant. Nonqualifled officer. Lieutenant com- mander and com- mander. Ensign. Revocation of com- mission. Lineal list. Retirement or sep- aration. Limitation. Date of retirement or separation. (c) No officer shall be reduced in grade or pay or separated from the active list as the result of any computations made to determine the authorized number of officers in the various grades. (d) Nothing in this section shall be construed as requiring the fill- ing of any vacancy or as prohibiting additional numbers in any grade to compensate for vacancies existing in higher grades. PROMOTION AND SEPARATION OF OFFICERS SEC. 3. Promotion to fill vacancies in all permanent grades above that of lieutenant (junior grade) shall be made by selection from the next lower respective grades upon recommendation of the per- sonnel board hereinafter provided for. SEC. 4. Irrespective of any vacancies, each officer in the permanent grade of lieutenant (junior grade) and lieutenant shall be considered by the personnel board for promotion to the grade of lieutenant and lieutenant commander in sufficient time so that, if found fully quali- fied, such officer may be promoted to and appointed in such grade upon completion of seven and fourteen years of service, respectively. All promotions under this section shall be made on the date on which the required service is completed, and the authorized number of offi- cers in the grade of lieutenant and lieutenant commander shall be temporarily increased, if necessary, to authorize such appointments: Provided,That an officer found not fully qualified in accordance with this section may be promoted on such later date on which he may be found fully qualified. SEC. 5. Irrespective of any vacancies, any officer in the permanent grade of lieutenant commander who has completed twenty-one years of service and any officer in the permanent grade of commander who has completed thirty years of service may be considered by the per- sonnel board at any time for promotion to the grade of commander and captain, respectively. If selected, he may be promoted at any time and the authorized number of officers in the grade of commander and captain shall be temporarily increased, if necessary, to authorize such appointments. SEC. 6 . (a) Officers in the permanent grade of ensign shall be pro- moted to and appointed in the grade of lieutenant (junior grade) on completion of three years of service, and the authorized number of officers in the grade of lieutenant (junior grade) shall from time to time be temporarily increased as necessary to authorize such appoint- ments. (b) Ensigns who are found not fully qualified at any time shall have their commissions revoked and be separated from the commis- sioned service. SEC. 7. Each officer shall be assumed to have, for promotion pur- poses, at least the same length of service as any officer below him on the lineal list, except that an officer who has lost numbers shall be assumed to have for promotion purposes no greater service than the officer next above him in his new position on the lineal list. SEC. 8 . As recommended by the personnel board, officers in the per- manent grade of captain, commander, and lieutenant commander may be transferred to the retired list and officers in the permanent grade of lieutenant and lieutenant (junior grade) may be separated from the service: Provided, That, in any fiscal year, the total number of officers selected for retirement and separation plus the number of officers retired for age shall not exceed the whole number nearest 4 per centum of the total authorized number of commissioned officers on the active list, except as otherwise provided by law: Provided further, That all retirements and separations pursuant to this section shall become effective on the first day of the sixth month following the 298 [62 STAT.
�
