Page:United States Statutes at Large Volume 54 Part 1.djvu/899

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54 STAT.] 76TH CONG. , 3D SESS. - CH. 694-AUG. 27, 1940 length of service of the Regular Navy or Marine Corps: Provided, That if a person who is eligible for the benefits prescribed by this Act be also eligible for pension under the provisions of the Act of June 23, 1937 (50 Stat. 305), compensation from the United States Employees' Compensation Commission under the provisions of sec- tion 304 of the Naval Reserve Act of 1938 (52 Stat. 1181) or retired pay under the provision of section 310 of the Naval Reserve Act of 1938 (52 Stat. 1183), he shall elect which benefit he shall receive. SEC. 5 . Sections 6 and 8 of the Naval Aviation Reserve Act of 1939 (53 Stat. 820; U. S . C ., Supp. V, title 34, secs. 849d and 849f) are hereby repealed. SEC. 6. When officers commissioned in the Naval or Marine Corps Reserve pursuant to the Naval Aviation Reserve Act of 1939 are released from active duty that has been continuous for one or more years, they shall be paid a lump sum of $500 for each complete year of active service other than duty as aviation cadets undergoing training and if released from active duty otherwise than upon their own request or as a result of disciplinary action, this lump-sum pay- ment shall be prorated for fractional parts of each year of such service. The lump-sum payments authorized herein shall be in addition to any pay, allowances, compensation, or benefits which they may otherwise be entitled to receive. SEC. 7. The Secretary of the Navy is authorized, in his discretion, to distribute the enlisted personnel of the Marine Corps among the various grades in such numbers as he deems to be to the best inter- ests of the naval service. SEr. 8. The Naval Reserve Act of 1938, approved June 25, 1938 (52 Stat. 1175), as amended, is hereby amended as follows: (a) Section 7, title I, by inserting after the words "commissioned officers" in line 1 of said section the words "exclusive of chief war- rant officers", by inserting after the word "midshipmen", in lines 8 and 13, page 1177, the words "chief warrant officers,", and by inserting after the word "days" in line 28, page 1177, the following provisos: "Provided further, That no chief warrant officer promoted to other commissioned grade or warrant officer promoted to chief war- rant officer or other commissioned grade shall suffer any reduction of pay by reason of such promotion: Provided further, That all periods during which chief warrant officers have held commissions in the Naval Reserve shall be included in computing their pay as provided in the Act of February 16, 1929 (45 Stat. 1186)"; (b) Section 309, title III, by deleting the word "thirty", in line 5 of said section, and inserting in lieu thereof the word "twenty"; (c) Section 312, title III, delete the second proviso beginning on line 8, page 1184, and insert in lieu thereof the following: "Provided further, That hereafter all officers of the Naval Reserve and the Marine Corps Reserve who may be advanced to a higher grade or rank in time of peace or in time of war or national emergency under the provisions of this Act, shall be allowed the pay and allowances of the higher grade or rank from the dates of rank as stated in their commissions, as distinguished from the dates of commission, or dates of acceptance of commission, and the dates of rank as stated in their commissions shall be conclusive for all purposes". (d) Section 313, title III, by inserting after the word "Navy", in line 5 of said section, a comma and the words "including drills per- formed on Sunday,". (e) "SEC. 311. In time of peace, officers of the Naval Reserve shall take precedence according to such regulations as the Secretary of the Navy may prescribe: Provided, That when mobilized with the Regular Navy for war or a national emergency, each officer of the Naval Reserve shall take precedence next after that officer of the 193470o-41-PT-. 1-55 865 Proviso. Election of benefits. 38U. S .C., Supp. V, note at end of eh. 12. 34U.S.C., Supp. V, }855c. 34 U. S. C., Supp. V, §855i. Repeal. Service bonus. 53 Stat. 819. 34U.S.C., Supp. V, i§ 849-8491 4, 844 , 853c, 850, ch. 14 (note). In addition to pay, etc. Distribution of des- ignated personnel. Naval Reserve Act of1938, amendments. 34 U. S. C., Supp. V, §853e. Proviso". Promotion of war- rant officers; no pay reduction. Computation of pay. 37 U.S.C. §I6, 11, 14. 34 U. S. C., Supp. V, 686611. 34U. S. C., 8upp. V, § 85k. Proviso. Advancements; pay and allowances. 34U.S.C., Spp. V, § S51. 34U. S.C., SupP. V, 5855j. Peacetime preced- ence of Naval Re- serve officers. ProFiss. Precedence when mobilized, etc.