Page:United States Statutes at Large Volume 54 Part 1.djvu/563

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54 STAT.] 76TH CONG. , 3D SESS.-CH. 420 -JUNE 25, 1940 board convened next subsequent to the date of approval of this Act shall be eligible for promotion on January 2, 1941, upon which date there shall be deemed to have been created a number of vacancies equal to the number of such officers recommended for pro- motion. Except as above provided, each captain designated for engineering duty only on the promotion list for the grade of rear admiral shall be promoted to rank from the date stated in or in due course to be stated in, the commission in that grade of the next junior officer on the promotion list who is not designated for engi- neering duty only. INFORMATION TO BE FURNISHED SELECTION BOARDS SEc. 6. (a) The estimate furnished by the Secretary of the Navy to line selection boards convened for the consideration of captains, pursuant to section 8 (a) of the Act approved June 23, 1938 (52 Stat. 946; U. S. C., Supp. V, title 34, sec. 294), shall show separately the number of vacancies existing in the grade of rear admiral among officers designated for engineering duty only and among officers not so designated, and the number of such vacancies estimated to occur before the end of the next succeeding fiscal year, in excess of the number of officers of each group then on the promotion list. (b) The statement furnished line selection boards pursuant to section 8 (a) of the Act approved June 23, 1938 (52 Stat. 946; U. S. C ., Supp. V, title 34, sec. 294), shall include the percentage of engineering duty only officers adjudged fitted for promotion which shall be continued on the active list to meet the immediate requirements of the Navy. (c) Each line selection board convened for the consideration of captains shall be furnished with the names of all captains eligible for consideration to be designated for retention or continuance on the active list pursuant to this Act, in addition to the names of captains eligible for consideration for promotion required to be furnished such board by section 8 (a) of the Act approved June 23, 1938 (52 Stat. 946; U. S. C., Supp. V, title 34, sec. 294). DUTIES OF SELECTION BOARDS SEC. 7 . (a) The recommendations of selection boards in the case of officers who are now or may hereafter be designated for engineering duty only shall be based upon their comparative fitness for the duties prescribed for them by law: Provided That no captain designated for engineering duty only shall be eligible for consideration by a selection board for promotion unless the estimate of vacancies fur- nished that board by the Secretary of the Navy in compliance with section 6 (a) of this Act shows one or more vacancies existing or estimated to occur in the grade of rear admiral among officers desig- nated for engineering duty only, but any such captain who is promoted pursuant to the recommendations of the first selection board by which he was considered shall be given in his new commission the same date of rank which has been or in due course will be stated in the commis- sion in such rank of the senior officer below him who was recom- mended for promotion by the approved report of a selection board which did not consider him because of this proviso: Providedfurther, That no captain so promoted shall be entitled to increased pay or allowances prior to the date of the vacancy to which promoted. (b) Officers designated for engineering duty only may be recom- mended by a line selection board as best fitted for promotion to grades below rear admiral, pursuant to section 9 (a) of the Act of 193470°-41-PT . -34 529 Date of promotion. Vacapcees in grade of rear admiral. Officers adjudged fitted for promotion, continuance on active list. Captains eligible for consideration. Recommendations based upon compara- tive fitness. Prorioes. Promotion of cap- tains. Pay or allowances. Promotion of certain officers to grades be- low rear admiral.