61 STAT.] 80TH CONG. , 1ST SESS.-CH. 512-AUG. 7 , 1947 having failed of such selection, in order to maintain a flow of promo- tion consistent with the needs of the service and to best assure to indi- viduals in succeeding years equality of opportunity for promotion. The number shall be determined by the Secretary of the Navy and shall be based upon a consideration of the estimated number of va- cancies which will occur in the next higher grade for each of the ensuing five years and the number of such officers who will be eligible for selection. (j) Officers serving in the grade of major general in the Marine Corps and officers serving in the grade of rear admiral in the Navy who are entitled to the pay of the upper half of that grade shall take rank among themselves according to their respective dates of rank in such grades. Officers serving in the grade of brigadier general in the Marine Corps and officers serving in the grade of rear admiral in the Navy who are entitled to the pay of the lower half of that grade shall take rank among themselves according to their respective dates of rank in such grades. (k) The provisions of this title relating to the selection of rear admirals for continuation on the active list shall not be applicable to major generals. (1) Should it be found, as of the time of the convening of a board for the consideration of brigadier generals for promotion to the grade of major general, that the number of vacancies existing plus the esti- mated number of vacancies which will occur during the ensuing twelve-month period in the grade of major general is less than will permit the selection for promotion of a number of brigadier generals equal to 50 per centum of the number of such officers comprising the promotion zone for that grade, the Secretary of the Navy shall con- vene a board of not less than five officers serving in ranks above that of major general or rear admiral to consider and recommend for retirement a sufficient number of major generals to permit the selection for promotion of the said number of brigadier generals. (m) Should it be found, as of the time of the convening of a board for the consideration of colonels who are not restricted in the per- formance of duty for promotion to the grade of brigadier general, that the number of vacancies existing plus the estimated number of vacancies which will occur during the ensuing twelve-month period is less than will permit the selection for promotion of a number of such colonels equal to 10 per centum of the authorized number of general officers who are not restricted in the performance of duty, the Secre- tary of the Navy shall convene a board of not less than five officers serving in ranks above that of major general or rear admiral to consider and recommend for retirement a sufficient number of general officers to permit the selection for promotion of the said number of colonels. (n) Brigadier generals, who are not restricted in the performance of duty, whose names are not on the promotion list shall, if not other- wise retired pursuant to law, be placed on the retired list on June 30 of the fiscal year in which they fail of selection for promotion the second time with retired pay at the rate of 21/2 per centum of their active-duty pay in the grade in which serving at the time of retire- ment multiplied by the number of years of service for which they would be entitled to credit in the computation of pay on the active list had they been serving in the grade of colonel at the time of their retirement, but retired pay so computed shall not exceed a total of 75 per centum of said active-duty pay. (o) The provisions of this title relating to officers of the Navy designated for limited duty shall be applicable in like manner and with like effect to officers of the Marine Corps designated for limited duty. 813 Rank in designated grades. Nonapplicability. Selection for promo- tion of brigadier gen- erals. Selection for promo- tion of colonels. Brigadier general. Retired pay.
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