Page:United States Statutes at Large Volume 70A.djvu/680

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"(c) The Secretary, under such regulations as he prescribes, may promote to the next higher warrant officer grade any member of the EeguJar Coast Guard or the Coast Guard Eeserve serving on active duty in a warrant officer grade below chief warrant officer, W-4. " (d) The grade of commodore in the Coast Guard is established for the purposes of this section. "(e) Promotions under this section shall be made by temporary appointments. Each such appointment to the grade of commodore or above shall be made by the President, by and with the advice and consent of the Senate. Each such appointment to a warrant officer grade shall be made by the Secretary, by commission. All other temporary appointments under this section shall be made by the President alone. " (f) Temporary promotions under this section to the grade of lieutenant or above may be made only upon the recommendation of a board of officers convened for that purpose I n addition to recommending officers for promotion, a board so convened shall also make the report required by section 437 of this title. " (g) Each temporary appointment under this section, unless expressly declined, is, without formal acceptancs, regarded as accepted on the date made, and the member so appointed is entitled to the pay and allowances of the grade to which promoted from that date. " (h) Temporary appointments under this section do not change the permanent, probationary, or acting status of members so appointed, prejudice them in regard to other promotions or appointments, or abridge their rights or benefits. A member who receives a temporary appointment under this section may not suffer any reduction in the pay and allowances to which he was entitled at the time of his appointment. " (i) Temporary appointments under this section are effective for such periods as the President determines. However, no such appointment may be effective later than— " (1) six months after the end of the war or national emergency; or "(2) the date the appointee is released from active duty; whichever is earlier. "(J) When his temporary appointment under this section is terminated or expires, each member of the Coast Guard on active duty shall have the grade he would hold if he had not received any such appointment."

    • § 437.

Officers having less than 20 years of service; discharge during war or emergency for unsatisfactory performance of duty " (a) A board of officers convened under section 436 of this title to recommend officers for promotion shall report, from among the officers whose names are presented to it for consideration, the name of each officer on active duty with less than 20 years of service whose record, in the opinion of the board, indicates (1) unsatisfactory performance of duty in his present grade, and (2) that he would not satisfactorily perform the duties of a higher grade. " (b) An officer in the Regular Coast Guard not on a retired list holding a permanent appointment in the grade of warrant officer,