PUBLIC LAWS-CH. 344-JUNE 13, 1940 twenty-three years', and twenty-eight years' continuous commissioned ProNub f clnel service in the Regular Army: Provided, That at no time shall the limited. number of promotion-list colonels exceed seven hundred and five: Majors and lieuten- Provided further, That promotion-list majors and lieutenant colonels sertvoloies, reqiesd shall not be promoted to the respective grades of lieutenant colonel and colonel until they shall have completed respectively six years and five years' continuous commissioned service under permanent appoint- Exeeption. ments in the grades of major and lieutenant colonel, except that for the purpose of determining years of such service in grade officers pro- moted to or serving in the respective grades of major and lieutenant colonel shall, in addition to receiving credit for all actual continuous commissioned service in the Regular Army in those grades, receive constructive credit of one-half the amount of their continuous commissioned service in the Regular Army in excess of seventeen Continuous service and twenty-three years, respectively: Provided further, That each assumed for promo- tion purposes; exe promotion-list officer shall be assumed to have, for promotion pur- ti on . poses, at least the same length of continuous commissioned service in the Regular Army and service in grade as any officer junior to him, in his grade, on the promotion list, except that an officer sentenced by courts martial to loss of files on the promotion list shall be assumed to have for promotion purposes no greater service than the officer next above him in his new position on the promotion list: rder ofpromotio Provided further, That no officer shall be promoted, under the pro- visions of this section, in advance of any officer in the same grade whose name appears above his on the promotion list, except that the promotion of an officer shall not be withheld by reason of the fact that an officer senior to him on the promotion list is for any Rank. reason not eligible for promotion: And provided further, That here- after all promotion-list officers in any grade shall take rank among themselves according to their standing on the promotion list." 49 Stat. 507 . SEC. 3. That section 5 of the said Act of July 31, 1935, is hereby v, UibS C., Sl pp. amended to read as follows: Retirement provi- "That whenever any officer on the active list of the Regular Army Sments. ervce requre or Philippine Scouts shall have completed not less than fifteen nor more than twenty-nine years' service, he may upon his own applica- Pay. tion be retired, in the discretion of the Secretary of War with annual pay equal to 21/2 per centum of his active-duty annual pay at the time of his retirement, multiplied by a number equal to the years of Computation of his active service not in excess of twenty-nine years: Provided, That service. the numbers of years of service to be credited in computing the right to retirement and retirement pay hereinbefore provided in this sec- tion shall include all service now or hereafter credited for active-duty pay purposes, any fractional part of a year amounting to six months oftfors s2ervI9ng or more to be counted as a complete year: Provided further,That any prior to ov. 1 1918 officer on the active list of the Regular Army or Philippine Scouts who served in any capacity as a member of the military or naval forces of the United States prior to November 12, 1918, shall upon his own application be retired with annual pay equal to 75 per centum of his active-duty annual pay at the time of his retirement unless entitled to retired pay of a higher grade as hereinafter provided, except that officers with less than twenty years' service and officers who are under investigation or who are awaiting trial by courts martial or the result of such trial, or whose cases are pending before courts of inquiry shall be retired only when the application for retirement in each case has inI and thefte been approved by the Secretary of War: Provided further, That on June 30, 1942, all brigadier generals of the line who are then sixty-two years of age or over and all promotion-list officers who are then sixty [54 STAT.