Page:United States Statutes at Large Volume 54 Part 1.djvu/898

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PUBLIC LAWS-CH. 694-AUG. 27, 1940 [CHAPTER 694] AN ACT August 27, 1940 [H. R. 10030] Increasing the number of naval aviators in the line of the Regular Navy and [Public, No. 7751 Marine Corps, and for other purposes. Be it enacted by the Senate and House of Representatives of the sonnel Act of l940. United States of America in Congress assembled, That this Act may be cited as the "Naval Aviation Personnel Act of 1940". Appontments from SEC. 2 . The President of the United States is authorized to appoint Naval and Marine to the line of the Regular Navy and Marine Corps, by and with the Corps Reserve. advice and consent of the Senate, as many naval aviators of the Naval and Marine Corps Reserve as he may deem necessary and the authorized number of commissioned officers of the line of the Navy and the Marine erade and preced- Corps is increased accordingly. These officers shall be appointed to e the same grade occupied by them in the Naval or Marine Corps Reserve, as the case may be, at the time of such appointment and shall take precedence in such grade in accordance with the provisions of section Moraltetc., qualif-. 8 (e) of this Act: Provided, That they shall first establish their moral, cations. physical, mental, and professional qualifications in accordance with such rules and regulations as the Secretary of the Navy may prescribe: Active service re- Provided further, That officers so appointed shall, on June 30 of the qen age. calendar year in which they are appointed, have completed not less than eighteen months of continuous active service next following the completion of their duty as aviation cadets undergoing training and shall, on June 30 of the calendar year in which appointed, be less than Waiver of service, twenty-six years of age: Providedfurther, That during a period of six c., reuiremen. months from the date of approval of this Act the Secretary of the Navy is authorized to waive the foregoing age requirement and continuous Arviators having service requirements: Provided further, That during a period of six service. months from the date of approval of this Act those naval aviators who have not undergone training as aviation cadets but who have com- pleted not less than one year of active service other than training duty in the Naval or Marine Corps Reserve may also be so appointed Additionalnumbers regardless of their age. Officers appointed under the authority of this ingrade. proviso shall, upon appointment, be additional numbers in the grade to which appointed and in any grade to which they may thereafter be Credit forlongevity. promoted: And providedfurther,That in computing the pay of officers appointed under the authority of this Act, credit for longevity shall be given them for all service, including service as aviation cadets, with which they have heretofore been credited. mEliibit for pro- SEC. 3. Each officer appointed pursuant to this Act to the grade of ensign or second lieutenant and each officer so appointed to a grade above that of ensign or second lieutenant shall, respectively, become eligible for promotion, or for consideration by a line selection board as of the date the line officer next junior to him at the date of appoint- Sea service. ment becomes so eligible. The qualification of sea service prescribed in 341. s- ., Sn p. v, section 11 (c) of the Act of June 23, 1938 (52 Stat. 948), shall not apply to such officers while in the grade to which originally appointed. Disability and SEC. 4. All officers, nurses, warrant officers, and enlisted men of the United States Naval Reserve or United States Marine Corps Reserve, who, if called or ordered into active naval or military service by the Federal Government for extended naval or military service in excess of thirty days, suffer disability or death in line of duty from disease or injury while so employed shall be deemed to have been in the active naval service during such period, and they or their beneficiaries shall be in all respects entitled to receive the same pen- sions, compensation, retirement pay, and hospital benefits as are now or may hereafter be provided by law or regulation for officers, war- rant officers, nurses, and enlisted men of corresponding grades and 864 [54 STAT.