Page:United States Statutes at Large Volume 70A.djvu/428

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370

370 duties at sea. If a board fails to comply with this subsection, the President may direct a rexamination of the case of the officer concerned. (c) An officer is entitled to be present and submit a statement under oath when an examining board convened under section 5862 of this title is considering his case. Before the board may find an officer not qualified, it must conduct a public examination of the records of the executive part of the Department of the Navy concerning the officer and, unless he fails to appear after due notice, of the officer himself. (d) A n examining board shall report the reconunendation of an officer for promotion in the following terms: "We hereby certify that has the mental, moral, and professional qualifications to perform efficiently all the duties, both at sea and on shore, of the grade to which he is to be promoted, and recommend him for promotion". (e) The record and certification of a board in each case, with any record of the executive part of the Department of the Navy considered by the board to be necessary in the determination of that case, shall be submitted to the President for approval or disapproval of the finding. § 5864. Discharge of officer not morally qualified An officer who is found by an examining board convened under section 5862 of this title to be, from any cause arising from his own misconduct, not morally qualified to perform the duties of the grade for which he is being examined shall, if the finding is approved by the President, be discharged from the naval service with not more than one year's pay. § 5865. Effect of failure to qualify professionally (a) An officer who is certified as not professionally qualified by an examining board convened under section 5862 of this title shall be suspended from promotion for six months from the date of approval of that certification. A t the expiration of that period he shall be reexamined. If he is found professionally qualified and if he is otherwise qualified, he shall be promoted and assigned the date of rank in the higher grade and the lineal position to which he would have been entitled if he had not been suspended, and he is entitled to the pay and allowances of the higher grade from the date he first became eligible for promotion to that grade. (b) An officer of the Navy in the grade of lieutenant (junior grade) or above or an officer of the Marine Corps in the gl-ade of first lieutenant or above who is found not professionally qualified upon his rexamination is considered as having twice failed of selection for promotion. (c) An officer of the Navy in the grade of ensign or an officer of the Marine Corps in the grade of second lieutenant who is found not professionally qualified upon his rexamination shall be honorably discharged with severance pay computed on the basis of two months' basic pay at the time of discharge multiplied by the number of years of his active commissioned service in the naval service, exclusive of training duty, but the payment may not be more than one year's basic pay.