Page:United States Statutes at Large Volume 43 Part 1.djvu/1113

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1082 SIXTY-EIGHTH CONGRESS. sms. II. on. 374. 1925. Navy and shall not be discharged from the Naval Reserve without their consent except by sentence of a court—martial or in accordance P<··t v- 1:}* tc with the provisions of section 23 of this Act: Provzded further, serlgidiuiii That in time of war, or a national emergency, declared by the Presi- “`“" N"""°‘“’“"°“" dent to exist, officers and enlisted, enrolled and assigned men of the Naval Reserve shall be subject to separation therefrom in the same manner as may be provided by or in pursuance of law for the separa- 1¤lr¤- tion of officers and enlisted men from the regular Navy, subject to the provisions of section 9 of this Act. S°“'*°°°'°m°°”·· Sec. 7. Commissioned and warrant officers appointed or transferred to the Naval Reserve shall be commissioned or warranted to serve during the pleasure of the President, in grades or ranks not above that of lieutenant commander, except that a small percentage of officers, who may be required in higher grades or ranks for the recruiting, organization, administration, trammg, inspection, and mobilization of the Naval Reserve, may be commissioned in the ,mI§**'“’““°° °‘ "’° grades or ranks of commodore, captain, and commander. The actual number of line officers so commissioned in higher grades shall be distributed in the proportion of one in the grade of commodore, to fifteen in the grade of captain, to twenty-eight in the grade of <>f¢¤¤s¤>¤- commander. The actual number of stall oliieers so commissioned in higher ranks shall be commissioned in the proportion of eight in the 0¤¤¤v¤¤¤•i¤¤=Y¤r M- rank of captain, to sixteen in the rank of commander. The total num- °°°°°°°°mb°r' ber of line officers in such higher grades shall not exceed forty-four one—hundredths of 1 er centum and of staff officers in such higher ranks shall not exceed twenty-four one-hundredths of 1 per eentum of the actual number of enlisted men regularly assigned to divisions or other organized units of the Fleet Naval Reserve entitled to pay as provided in section 21 of this Act. Whenever a final fraction occurs in computing the author1zed number of officers in said higher grades or ranks the nearest whole number shall be regarded as the authorized number, but at least one officer may be allowed in each ,{.`°f,°",‘§f,’·m,,de mh grade or rank: Provided, That to determine the authorized number calendar vw- of officers in the various grades or ranks above lieutenant commander as provided in this section, computations shall be made by the Secretary of the Navy at least once during each calendar year and the resulting numbers as so computed shall be held and considered for all purposes as the authorized number of officers in such various _ _ grades or ranks and shall not be varied between the dates of such ,,,’{‘,,°0,§$’_°""“" °*°" computations: Provided further, That no officer shall be reduced in rank as the result of any computation so made and that nothing in this Act shall be construed as reducing the present confirmed vrade rank, or rating of any officer or man transferred to the {Naval Reserve pursuant to the provisions of this Act, or as prohibiting the appointment of such officers in their present confirmed grades or ranks, or as restricting the promotion of officers of the Naval P‘{"’ ’{‘ Hm Reserve in time of war as provided for in section 17 of this Act. k‘,§f,]§{‘,§E§§§;3 ,,0,,, Sec. 8. That hereafter the Secretary of the Navy is authorized to R$~_%gp‘g,¤¤;)“$;gg ¤¤¤¤· appoint midshipmen to the Naval Academy from the enlisted men of ` ' the Naval Reserve and Marine Corps Reserve under similar condi- Provi-so. tions as prescribed by law for appointments from enlisted men of the Y¢¤*’Y”*¤“- Navy: Provided. That not more than twenty-five midshipmen shall be appointed in any one year under the authority contained in this section. m§iiiil;e<fii$’1ii]ifi¤ilQ Sec. 9. That officers and men of the Naval Reserve, including <>*w¤·¢*°- those who may have been retired, may be ordered to active duty by the Secretary of the Navy in time of war or when in the opinion of the President a national emergency exists and may be required to perform active duty throughout the war or until the national emer-