Page:United States Statutes at Large Volume 54 Part 1.djvu/564

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530 Retention of cap- tains on active list. Ineligibility for pro- motion. Retirement. Involuntary retire- mentsin excess of four. Ptoviso. Ineligibility for pro- motion, etc. Retirement of cer- tain captains on active list. Retirement of cap- tains not designated for retention. Limitationon retire- ment of captains. Retirement of com- manders. 34 U. 8. C, Supp. V, § 286a. Prorso. Ineligibility for pro- motion. PUBLIC LAWS-CH. 420 -JUNE 25, 1940 [54 STAT. June 23, 1938 (52 Stat. 947; U. S . C., Supp. V, title 34, sec. 297a), in addition to the number of estimated vacancies certified to the board by the Secretary of the Navy. Seo. 8. Each selection board considering captains designated for engineering duty only shall-- (a) From among such captains who have twice failed of selection as best fitted designate by name for retention on the active list in the grade of captain until not later than the end of the next succeeding fiscal year those officers whose fitness, in the opinion of at least six of the members, warrants their retention. Captains so retained shall be ineligible for consideration for recommendation for promotion by subsequent selection boards, but shall be eligible for consideration by such boards for retention on the active list. If not again desig- nated for retention on the active list they shall be placed on the retired list as provided in section 9 of this Act. (b) When the number of involuntary retirements in any fiscal year pursuant to section 9 (c) of this Act would otherwise exceed four, designate by name such excess of officers for continuance on the active list until the end of the next fiscal year: Provided, That such officers shall be ineligible for consideration for recommendation for promotion by subsequent selection boards, but shall be eligible for consideration for continuance on the active list. If not again designated for continuance on the active list, they shall be placed on the retired list as provided in section 9 of this Act. BVTIREMENT SEO. 9. (a) Except as provided in subsection (c) of this section, each officer in the grade of captain designated for retention on the active list pursuant to section 8 (a) of this Act shall be transferred to the retired list on June 30 of the next succeeding fiscal year or on the 1st day of the month following that in which he attains the age of sixty-one years, whichever shall occur first. (b) Except as provided in subsection (c) of this section, each officer described in section 8 (a) of this Act who is not designated pursuant thereto for retention on the active list shall be transferred to the retired list on June 30 of the fiscal year in which he fails of such designation or on the 1st day of the month following that in which he attains the age of sixty-one years, whichever shall occur first. (c) No officer transferred to the grade of captain by section 2 of this Act shall be retired pursuant to subsection (a) or (b) of this section earlier than four years after the date of approval of this Act, nor shall more than four such captains thereafter be so retired in any one fiscal year. Such officers who are considered for retention or continuance on the active list pursuant to the provisions of section 8 of this Act, and are not designated therefor, shall be placed on the retired list on June 30 of the fiscal year in which they fail of such designation. SEC. 10. Officers transferred by this Act to the grade of commander of the line whose names are not placed upon the promotion list, shall be placed on the retired list on June 30 of the fiscal year in which they fail of selection as best fitted the second time or in which they com- plete twenty-eight years of commissioned service computed as pro- vided in section 3 of the Act of March 3,1931 (46 Stat. 1483; U. S. C., title 34, sec. 286a), whichever date shall be later: Provided, That any officer retained on the active list pursuant to this section shall be ineligible for consideration for promotion by subsequent selection boards.