PUBLIC LAWS-CH. 393-AUG. 4 , 1949
Sec.
367. Detention beyond term of enlistment.
368. Discharge in case of under-age enlistment.
369. Inclusion of certain conditions in enlistment contract.
GENERAL PROVISIONS
421. Retirement.
422. Status of recalled personnel.
423. Computation of retired pay.
424. Limitations on retirement and retired pay.
425. Retiring boards.
SPECIAL PROVISIONS
431. Personnel of former Life Saving Service.
432. Personnel of former Lighthouse Service.
433. Personnel of former Bureau of Marine Inspection and Navigation and
Bureau of Customs.
COMMISSIONED OFFICERS
§ 221. Filling of vacancies
Whenever a vacancy occurs in the active list of regular commissioned
officers, in the grade of ensign or above, which the Secretary determines
shall be filled, such vacancy shall be filled either by promotion through
appointment by the President to a higher grade as hereinafter pro-
vided or by appointment by the President from among the groups set
Poe, p. 513.
forth in section 225 of this title.
§ 222. Promotion of officers to flag rank
Commissioned officers, including extra numbers in grade, shall be
promoted to the grade of rear admiral by selection, under such regula-
tions as the Secretary shall prescribe. The precedence on the list of
rear admirals shall be determined by the date of first appointment to
that grade, except that the Assistant Commandant shall, while holding
such office, be next in precedence to the Commandant.
§ 223. Filling of vacancies by promotion
(a) When a vacancy below the grade of rear admiral is to be filled
by promotion as determined by the Secretary, the senior officer of the
next lower grade, not out of line of promotion, shall be appointed by
the President, by and with the advice and consent of the Senate, to fill
such vacancy as of the date such vacancy occurred. No commissioned
officer shall be promoted to a higher grade on the active list until his
mental, moral, and professional fitness to perform the duties of such
higher grade have been established to the satisfaction of the Secretary
and until he has been pronounced physically qualified to perform the
duties of such higher grade.
(b) The Secretary may prescribe regulations dealing with the filling
of vacancies by promotion, including, but not limited to, the scope and
method of conducting professional and physical examinations, the
number of re-examinations permitted, the circumstances under which
an officer may be excused from being examined in a particular subject,
and the passing marks required; and dealing with the placing of
officers out of, and the restoring of officers to, the line of promotion.
(c) An ensign who has completed three years' service in his grade
shall be eligible for promotion to lieutenant (junior grade) if he is
qualified therefor in accordance with such regulations as the Secretary
shall prescribe.
§ 224. Filling of vacancies by appointment
(a) Vacancies in the grade of captain and below may be filled by
appointment. When a vacancy is to be filled by appointment thereto
[63 STAT.
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