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or rank not above the grade of captain if and when promoted or advanced thereto: Provided, That selection boards in cases of such officers shall confine their consideration to the fitness alone of such officers for promotion, not to the comparative fitness of such officers.]

That part of the act of June 11, 1930 under the heading "Bureau of Supplies and Accounts, Pay, Subsistence, and Transportation of Naval Personnel" (46 Stat. 567):

[Section 202 of title 34, of the Code of Laws of the United States of America, is amended to read as follows:

"SEC. 202. DISCHARGE OF MEN UNDER TWENTY-ONE.-Upon the presentation of satisfactory evidence as to his age and upon application for discharge by his parent or guardian presented to the Secretary within ninety days after the date of his enlistment, any man enlisted in the naval service, including the Marine Corps, under twenty-one years of age, who was enlisted without the written consent of his parent or guardian, if any. shall be discharged for his own convenience."]

Sections 2, 3, 4, 5, 6, 7, and 8 of the act of March 3, 1931 (46 Stat. 1482):

[SEC. 2. The selection board established by the Act of August 29, 1916, shall be convened at least once each year and at such times as the Secretary of the Navy may direct. The Secretary of the Navy shall furnish the selection board with the names of all officers who are eligible by law for consideration by said board for selection for promotion as herein authorized, together with the record of each officer. Each board shall recommend for promotion from among those officers who are eligible such number as may be directed by the Secretary of the Navy, which number shall be 10 per centum of the authorized number of officers in the grades to which promotions are to be made as determined by the existing computation, and in addition thereto the number, if any, of vacancies then existing and which may occur on or before June 30 in said grade in excess of the number of officers in the next lower grade on the promotion list provided for in section 4: Provided, That if the number of officers in any grade on the promotion list is in excess of the number of vacancies then existing and which may occur in the next higher grade on or before June 30, as aforesaid, and said excess shall equal to exceed 10 per centum of the authorized number of officers in said next higher grade as above determined, the number to be furnished the board for recommendation for promotion to said next higher grade shall be reduced to 8 per centum of said authorized number: Provided further, That if the number of officers in any grade on the promotion list shall at any time be insufficient to fill vacancies then existing and which may occur in the next higher grade prior to the convening of the selection board next ensuing, the Secretary of the Navy may, in his discretion, convene a selection board to recommend for promotion such additional number of officers as may be necessary to fill said vacancies.]

[SEC. 3. Except as provided in section 7, captains, commanders, and lieutenant commanders, who shall not have been recommended for promotion to the next higher grade by the report of a line-selection board as approved by the President prior to the completion of thirty-five, twenty-eight, or twenty-one years, respectively, of commissioned service in the Navy, shall be ineligible for consideration by a line-selection board, and any officer in said grades shall likewise be ineligible for consideration who on June 30 of the calendar year of the convening of the board shall have had less than 4 years' service in his grade: Provided, That the commissioned service of Naval Academy graduates, for the purpose of this section only, shall be computed from June 30 of the calendar year in which the class in which they graduated completed its academic course, or, if its academic course was more or less than four years, from June 30 of the calendar year in which it would have completed an academic course of four years: Provided further, That except as provided in section 7, officers of any grade commissioned in the line of the Navy from sources other than the Naval Academy, shall become ineligible for consideration by a selection board when the members of the Naval Academy class next junior to them at the date of their original permanent commission as ensign or above become ineligible for consideration under the provisions of this section.]

[SEC. 4. The names of all officers recommended for promotion to the next higher grade by the report of a line-selection board as approved by the President shall be placed on a promotion list and, except as otherwise provided in this section,

shall not be considered again for the next higher pay grade by any subsequent selection board. Promotions to fill vacancies in the grades of commander and above shall be made from officers of the next lower grade whose names appear on said promotion list. Officers so promoted pursuant to the recommendations of the same report shall take rank with one another in accordance with their seniority in the grade from which promoted, and officers recommended in an earlier report shall, when promoted, have precedence of officers recommended in a later report: Provided, That the Secretary of the Navy, may, in his discretion, with the approval of the President, remove the name of any officer from said promotion list and submit it to the next ensuing selection board for consideration and recommendation. If recommended for promotion by said board and approved by the President, the name of such officer shall be replaced on the promotion list in the position from which removed, without prejudice, by reason of its having been temporarily removed therefrom, and when promoted such officer shall take rank in accordance with his seniority on the promotion list at the time his name was removed therefrom. If not recommended by said board, such officer shall be subject to involuntary retirement, as provided later herein, under the same conditions in all respects as though his name had not previously been placed on the promotion list. If the name of any officer shall be removed from the promotion list of officers in any grade and submitted to another board as herein provided, the number furnished said board by the Secretary of the Navy to be recommended for promotion to the next higher grade shall be increased accordingly.]

[SEC. 5. All officers who are not on the promotion list and who, after completion of the designated periods of service as prescribed for their respective grades, become ineligible for consideration by a line-selection board in accordance with this Act, or who if on said promotion list, undergo the required examinations for promotion and are found not professionally qualified, shall be transferred to the retired list of the Navy. All lieutenants who are forty-five or more years of age, or who have completed twenty or more years of service, counting all service for which they would be entitled to credit for voluntary retirement, and who undergo the required examination for promotion to lieutenant commander and are found not professionally qualified, shall be transferred to the retired list of the Navy: Provided, That if such lieutenants were permanently appointed as ensign or above in the permanent line of the Navy while holding permanent warrant or permanent commission warrant rank in the Navy they shall have the option of reverting to such permanent warrant or permanent commissioned warrant status in the lineal position to which their seniority would have entitled them had their service subsequent to such appointment been rendered in the status to which they revert.]

[SEC. 6. Officers retired pursuant to any section of this Act shall receive pay at the rate of 21⁄2 per centum of their active-duty pay multiplied by the num ber of years of service for which they were entitled to credit in computation of their longevity pay on the active list, not to exceed a total of 75 per centum of said active-duty pay: Provided, That because of variations in the date of entry into the Naval Academy of members of the classes of 1906 to 1916, inclusive, ranging from June to September, a fractional year of nine months or more shall be considered a full year in computing the number of years of service of members of those classes by which the rate of 21⁄2 per centum is multiplied.]

[SEC. 7. When the number of involuntary transfers in any fiscal year from any grade to the retired list pursuant to this Act would otherwise exceed one-seventh of the authorized number of officers in said grade, less one-seventh of the authorized number in the grade next above, as determined by existing computations, the selection board concerned shall designate by name such excess of officers for retention on the active list until the end of the next fiscal year. Officers so designated shall retain their eligibility for selection and promotion during said year. If not recommended for promotion or again designated for retention on the active list, they shall be transferred to the retired list in accordance with the provisions of this Act: Provided, That the selection board may in any fiscal year designate for retention on the active list until the end of the next fiscal year any officer who has lost numbers or precedence and has been promoted after suffering such loss: Provided further, That all transfers to the retired list pursuant to this Act shall be made as of June 30 of the current calendar year and the resulting vacancies shall be regarded as occurring on that date: And provided further, That such number of the graduating class of the Naval Academy may be commissioned as ensigns in excess of the total authorized number of commissioned line officers of the Navy as in the opinion of the Secretary of the Navy may be necessary to fill vacancies which will occur prior to July I of the current calendar year, and thereafter no further appointments shall be made in the grade of ensign until

the total number of commissioned line officers has been reduced below that authorized by law.]

[SEC. 8. In making any computation required or authorized by or pursuant to this Act there shall be excluded from consideration those officers carried by law as additional numbers, and whenever a final fraction of one-half or more occurs the whole number next above shall be regarded as the authorized number.]

Act of July 17, 1935 (49 Stat. 482):

[The acting assistant surgeons of the United States Navy who, on the date of the passage of this Act, have reached the age of seventy years shall be placed on the retired list of the Navy with pay at the rate of three-fourths of their active-duty pay.]

AUTHORIZING THE SECRETARY OF THE ARMY, THE SECRETARY OF THE NAVY, AND THE SECRETARY OF THE AIR FORCE TO LEND CERTAIN PROPERTY TO NATIONAL VETERANS' ORGANIZATIONS

JUNE 7, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. BROOKS, from the Committee on Armed Services, submitted the

following

REPORT

[To accompany H. R. 4646)

The Committee on Armed Services, to whom was referred the bill (H. R. 4646) to authorize the Secretary of the Army to lend certain property of the Department of the Army to national veterans' organizations for use at national youth tournaments, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert the following: That the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force, respectively, are authorized to lend, at their discretion and under conditions which they may prescribe, to any recognized national veterans' organization such cots, blankets, pillows, mattresses, bed sacks, unoccupied barracks of the Army. Navy, or Air Force, and other available articles or equipment under their respective jurisdictions as may be needed by such veterans' organization for use at any of its national or State conventions or national youth athletic or recrea tion tournaments

SEC. 2. Such property may be delivered upon such terms and at such time prior to any such conventions or national youth athletic or recreation tournaments as may be agreed upon by the representatives of such veterans' organization and the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, as the case may be. except that any expense incurred by the United States. as determined by the Secretary concerned, in the delivery, return, rehabilitation or replacement of any such property shall be defrayed by the veterans' organization.

SEC. 3. The Secretary of the Army, the Secretary of the Navy or the Secretary of the Air Force, as the case may be, shall take from each veterans' organization to which property is lent pursuant to the provisions of this Act a good and sufficient bond for the return of such property in good condition

SEC. 4. The Act of June 11, 1946 (60 Stat. 256: chapter 379) is hereby repealed.

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