PUBLIC LAWS-CH. 690-JUNE 25, 1938 Grades i of s mmis- SEC. 305. Subject to the provisions of section 306 hereof, in time of peace commissioned officers appointed to the Naval Reserve shall be commissioned 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 in the higher grades or ranks may, if qualified, be commissioned in the grades or ranks of rear admiral, captain, and commander. Warrant officers, aviation and merchant marine cadets, and midshipmen shall be appointed to serve during Limitation, the pleasure of the Secretary of the Navy. Except as otherwise pro- vided in this Act, the total number of officers in such higher grades or ranks in the Organized Reserve shall not exceed one-half of 1 per centum of the actual number of enlisted men regularly assigned to the divisions or other units of the Organized Reserve and entitled Appointments in to pay as provided in section 313 of this title. The number of offi- Merchant Marine and olnteerReserves. cers appointed or promoted to grades or ranks above that of lieuten- ant commander in the Merchant Marine and Volunteer Reserves, or Volunteer Marine above that of major in the Volunteer Marine Corps Reserve, shall not Corps Reserve. exceed mobilization needs for such officers for duties appropriate to these grades or ranks. Distribution of SEC. 306 . In time of peace there shall be allowed in the Naval officers. Reserve one officer of the grade or rank of rear admiral, and in the Marine Corps Reserve one officer in the grade or rank of brigadier or major general. The remaining officers shall be distributed in the various grades or ranks in such manner as the Secretary of the Navy may prescribe. Whenever a final fraction occurs in computing the authorized number of officers in the various grades or ranks, the near- est whole number shall be regarded as the authorized number: Pro- Pronisos. vided, That to determine the authorized number of officers in the Determination of authorized number. grades or ranks above lieutenant commander as provided in this title, computations shall, under such regulations as the Secretary of the Navy may prescribe, be made at least once during each calendar year and the resulting numbers as so computed shall be held and consid- ered for all purposes as the authorized number of officers in such higher grades or ranks, and shall not be varied between the dates of Recommendation such computations: Provided further, That no officer shall be ini- initialappoint'mednt i tially appointed in the Naval Reserve in the grade or rank of rear gradet ea.admiral admiral, captain, or commander, nor in the Marine Corps Reserve in the grade or rank of major general, brigadier general, colonel, or lieutenant colonel, nor promoted to such grade or rank, except upon recommendation therefor by a selection board: And provided No reductions in further, That no officer shall be reduced in rank as a result of any rank. computation so made and that nothing contained in this Act shall be construed as reducing the present grade, rank or rating of any officer or man in the NavalReserve, or as otherwise affecting the commis- sions now held by them or as restricting the promotion of officers post, p. 1183 . in the Naval Reserve in time of war as provided for in section 312 of this title. Midshipmen, ap- SEC. 307. Hereafter the Secretary of the Navy is authorized to pointments from Re- serve enlisted men. appoint midshipmen to the Naval Academy from enlisted men of the Naval Reserve and Marine Corps Reserve under similar condi- tions so far as applicable as prescribed by law for appointments from Proiso. enlisted men of the Navy: Provided, That not more than fifty mid- Yearlylimit. ship shipmen all be appointed in any one year under the authority con- tained in this section, except that in the event the quota of midship- men from the enlisted men of the Regular Navy is not filled in any one year the Secretary of the Navy shall have the authority to fill such vacancies with additional men from the Naval Reserve. Phytsicl examsin- SEc. 308 . All officers of the Naval Reserve shall be examined physi- cally once every four years or oftener, as may be deemed necessary, 1182 [52 STAT.
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