A-99681, FEBRUARY 14, 1939, 18 COMP. GEN. 655

A-99681: Feb 14, 1939

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IS ENTITLED TO 2 1/2 PERCENTUM OF HIS ACTIVE DUTY PAY AS A LIEUTENANT COMMANDER OF HIS LENGTH OF SERVICE. MULTIPLIED BY THE NUMBER OF YEARS OF SERVICE FOR WHICH HE IS ENTITLED TO CREDIT IN THE COMPUTATION OF HIS LONGEVITY PAY. ARE ENTITLED TO RETIRED PAY BASED UPON 2 1/2 PERCENTUM OF THE ACTIVE DUTY PAY OF THE GRADE IN WHICH THE LAW PROVIDES THEY SHALL BE PAID RETIRED PAY. THAT IS. IS ENTITLED TO RETIREMENT IN EITHER CASE IN THE GRADE OF LIEUTENANT COMMANDER AND TO THE RETIRED PAY PROVIDED IN EITHER OF THE SAID SECTIONS. WHICHEVER IS THE GREATER. ARE ENTITLED TO PROMOTION COINCIDENT WITH RETIREMENT IN EITHER CASE AND TO THE RETIRED PAY BASED UPON THE GRADE FROM WHICH PROMOTED AS PROVIDED IN EITHER OF THE SAID SECTIONS.

A-99681, FEBRUARY 14, 1939, 18 COMP. GEN. 655

NAVY LINE PERSONNEL ACT OF JUNE 23, 1938 - RETIRED PAY, AND ADVANCE PAY ON REVOCATION OF COMMISSIONS' DETERMINATIONS AN OFFICER ADVANCED TO THE GRADE OF LIEUTENANT COMMANDER ON RETIREMENT UNDER THE PROVISO TO SECTION 12K OF THE NAVY LINE PERSONNEL ACT OF JUNE 23, 1938, 52 STAT. 950, IS ENTITLED TO 2 1/2 PERCENTUM OF HIS ACTIVE DUTY PAY AS A LIEUTENANT COMMANDER OF HIS LENGTH OF SERVICE, MULTIPLIED BY THE NUMBER OF YEARS OF SERVICE FOR WHICH HE IS ENTITLED TO CREDIT IN THE COMPUTATION OF HIS LONGEVITY PAY, NOT TO EXCEED 75 PERCENTUM OF ACTIVE DUTY PAY. OFFICERS RETIRED UNDER SECTIONS 11 (B) OR 12 (F) OF THE NAVY LINE PERSONNEL ACT OF JUNE 23, 1938, 52 STAT. 948 AND 950, RESPECTIVELY, ARE ENTITLED TO RETIRED PAY BASED UPON 2 1/2 PERCENTUM OF THE ACTIVE DUTY PAY OF THE GRADE IN WHICH THE LAW PROVIDES THEY SHALL BE PAID RETIRED PAY, MULTIPLIED BY THE NUMBER OF YEARS OF SERVICE FOR WHICH ENTITLED TO CREDIT IN THE COMPUTATION OF THEIR LONGEVITY PAY AS PROVIDED IN PRIOR LAWS, THAT IS, UNDER SECTION 11 (B) THE GRADE IN WHICH RETIRED, AND UNDER SECTION 12 (F), THE GRADE FROM WHICH PROMOTED, BUT IN EITHER CASE NOT TO EXCEED 75 PERCENTUM OF THEIR ACTIVE DUTY PAY. A LIEUTENANT WHO FOR RETIREMENT PURPOSES FALLS WITHIN BOTH THE PROVISIONS OF SECTIONS 12 (K) AND 12 (L) OF THE NAVY LINE PERSONNEL ACT OF JUNE 23, 1938, 52 STAT. 950 AND 951, RESPECTIVELY, IS ENTITLED TO RETIREMENT IN EITHER CASE IN THE GRADE OF LIEUTENANT COMMANDER AND TO THE RETIRED PAY PROVIDED IN EITHER OF THE SAID SECTIONS, WHICHEVER IS THE GREATER. OFFICERS WHO FOR RETIREMENT PURPOSES FALL WITHIN BOTH THE PROVISIONS OF SECTIONS 12 (F) AND 12 (L) OF THE NAVY LINE PERSONNEL ACT OF JUNE 23, 1938, 52 STAT. 950 AND 951, RESPECTIVELY, ARE ENTITLED TO PROMOTION COINCIDENT WITH RETIREMENT IN EITHER CASE AND TO THE RETIRED PAY BASED UPON THE GRADE FROM WHICH PROMOTED AS PROVIDED IN EITHER OF THE SAID SECTIONS, WHICHEVER IS THE GREATER. THE LAST PROVISO OF SECTION 14 (A) OF THE NAVY LINE PERSONNEL ACT OF JUNE 23, 1938, 52 STAT. 951, THAT "NO OFFICER DISCHARGED BY REASON OF REVOCATION OF COMMISSION WITHIN A PERIOD OF PROBATION SHALL RECEIVE ADVANCED PAY OR ALLOWANCES UPON SUCH DISCHARGE," BEING BROADER IN ITS TERMS THAN THE ENACTING CLAUSE TO WHICH ATTACHED, MUST OPERATE AS A GENERAL ENACTMENT AND CONTROL MATTERS NOT WITHIN THE ENACTING CLAUSE, AND ACCORDINGLY IS FOR APPLICATION TO THOSE OFFICERS WHO WERE SERVING UNDER REVOCABLE COMMISSIONS UNDER THE TERMS OF SECTION 2 OF THE ACT OF MAY 6, 1932, 47 STAT. 149, AND WHO UNDER THE TERMS OF SAID ACT WERE, WITHIN THE DISCRETION OF THE SECRETARY OF THE NAVY, IN SOME CASES, PERMITTED TO RECEIVE ADVANCED PAY.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, FEBRUARY 14, 1939:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 28, 1938, AS FOLLOWS:

THE SECOND PROVISO TO SECTION 11 (B) OF THE LINE PERSONNEL ACT APPROVED JUNE 23, 1938 (PUBLIC, NO. 703, 75TH CONGRESS), UNDER THE CAPTION "PROMOTION OF OFFICERS," READS AS FOLLOWS:

"PROVIDED FURTHER, THAT IF SUCH OFFICER IS NEITHER SO SELECTED AS BEST FITTED NOR ADJUDGED FITTED BY SUCH NEXT ENSUING SELECTION BOARD HE WILL BE PLACED ON THE RETIRED LIST ON JUNE 30, OF THE THEN CURRENT FISCAL YEAR.'

SECTION 12 (F) OF THE CITED ACT OF JUNE 23, 1938, UNDER THE CAPTION "RETIREMENT OF OFFICERS," PROVIDES:

"/F) CAPTAINS, COMMANDERS, AND LIEUTENANT COMMANDERS PROMOTED TO THOSE GRADES BY REASON OF ADJUDGMENT AS FITTED FOR PROMOTION, BUT NOT RECOMMENDED BY THE REPORT OF A SELECTION BOARD, AS APPROVED BY THE PRESIDENT, FOR RETENTION ON THE ACTIVE LIST SHALL BE RETIRED ON THE DATE THEY ARE SO PROMOTED WITH THE RETIRED PAY OF THE GRADE FROM WHICH SO PROMOTED: PROVIDED, THAT SUCH OFFICERS SHALL NOT BE RETIRED EARLIER THAN SIX MONTHS AFTER THE DATE OF APPROVAL BY THE PRESIDENT OF THE REPORT OF THE SELECTION BOARD IN WHICH THEY WERE ADJUDGED FITTED FOR PROMOTION.'

THE PROVISO TO SECTION 12 (K) OF THE CITED ACT OF JUNE 23, 1938, READS AS FOLLOWS:

"PROVIDED, THAT LIEUTENANTS WHO SERVED IN THE NAVY OR NAVAL RESERVE FORCE PRIOR TO NOVEMBER 12, 1918, AND WHO SHALL HAVE COMPLETED NOT LESS THAN TWENTY-ONE YEARS OF SERVICE SHALL ON RETIREMENT AS PROVIDED IN THIS SUBSECTION BE ADVANCED TO THE GRADE OF LIEUTENANT COMMANDER ON THE RETIRED LIST WITH THE RETIRED PAY OF THAT GRADE.'

YOUR DECISION IS REQUESTED AS TO THE MANNER IN WHICH RETIRED PAY SHOULD BE COMPUTED IN ALL CASES ARISING UNDER EACH OF THE ABOVE-QUOTED PROVISIONS FROM THE LINE PERSONNEL ACT OF JUNE 23, 1938.

SECTION 12 (L) OF THE CITED ACT OF JUNE 23, 1938, PROVIDES:

"/1) ALL LINE OFFICERS OF THE NAVY WHO HAVE BEEN SPECIALLY COMMENDED FOR THEIR PERFORMANCE OF DUTY IN ACTUAL COMBAT BY THE HEAD OF THE EXECUTIVE DEPARTMENT UNDER WHOSE JURISDICTION SUCH DUTY WAS PERFORMED, WHEN RETIRED, EXCEPT AS PROVIDED IN SECTION 12 (H) OF THIS ACT, SHALL, UPON RETIREMENT, BE PLACED UPON THE RETIRED LIST WITH THE RANK OF THE NEXT HIGHER GRADE AND WITH THREE-FOURTHS OF THE ACTIVE DUTY PAY OF THE GRADE IN WHICH SERVING AT THE TIME OF RETIREMENT.'

YOUR FURTHER DECISION IS REQUESTED AS TO HOW RETIRED PAY SHOULD BE COMPUTED IN EACH OF THE FOLLOWING CASES:

(1) WHERE AN OFFICER COMES WITHIN THE PROVISO TO SECTION 12 (K) AND IS ALSO WITHIN THE PROVISIONS OF SECTION 12 (L), AS QUOTED ABOVE.

(2) WHERE AN OFFICER COMES WITHIN THE PROVISIONS OF BOTH SECTION 12 (F) AND THE PROVISO TO SECTION 12 (K), AS QUOTED ABOVE.

(3) WHERE AN OFFICER COMES WITHIN THE PROVISIONS OF BOTH SECTION 12 (F) AND 12 (L), AS QUOTED ABOVE.

THE CHIEF OF THE BUREAU OF NAVIGATION INVITES ATTENTION TO THE FACT THAT THE LINE SELECTION LAW OF MARCH 3, 1931 (46 STAT. 1482), CONTAINED IN SECTION 6 THEREOF A GENERAL PROVISION FOR THE COMPUTATION OF RETIRED PAY AT THE RATE OF TWO AND ONE-HALF PERCENTUM OF THE OFFICER'S ACTIVE DUTY PAY AT THE TIME OF RETIREMENT, MULTIPLIED BY THE NUMBER OF YEARS OF SERVICE FOR WHICH HE WAS ENTITLED TO CREDIT IN THE COMPUTATION OF HIS PAY ON THE ACTIVE LIST, NOT TO EXCEED A TOTAL OF SEVENTY-FIVE PERCENTUM OF SAID ACTIVE-DUTY PAY, AS DID ALSO TO A LIMITED DEGREE THE LINE SELECTION LAW OF AUGUST 29, 1916 (39 STAT. 556, 579), AND THAT IN GENERAL SUCH PROVISION WAS WRITTEN INTO THE SEVERAL PHASES OF RETIREMENT UNDER THE ACT OF JUNE 23, 1938 (SECS. 12 (B), (D), (E), AND (I) ).

OFFICERS OF THE BUREAU OF NAVIGATION ATTENDED THE HEARINGS ON THE BILL H.R. 9997, WHICH AFTERWARDS BECAME THE ACT OF JUNE 23, 1938, AND ASSISTED THE COMMITTEES IN DRAFTING THE SAID BILL AND AMENDMENTS WHICH WERE PROPOSED IN THE COURSE OF ITS ENACTMENT, AND ARE THEREFORE IN A POSITION TO KNOW WHAT THIS LEGISLATION WAS INTENDED BY ITS SPONSORS TO ACCOMPLISH. I AM, THEREFORE, IMPRESSED BY THE STATEMENT WHICH HAS BEEN MADE TO ME BY THE CHIEF OF THE BUREAU OF NAVIGATION THAT "THE BUREAU BELIEVES THAT, FROM HEARINGS AND DISCUSSIONS, IT WAS THE INTENTION OF THE CONGRESS THAT ALL RETIRED PAY UNDER THE PROVISIONS OF THIS ACT, EXCEPT WHERE OTHERWISE STATED AS 75 PERCENT, SHOULD BE COMPUTED AS PROVIDED IN SECTION 12 (B)," AND I TRUST THAT YOU MAY GIVE IT THIS CONSTRUCTION.

SECTION 14 (A) OF THE LINE PERSONNEL ACT OF JUNE 23, 1938, UNDER THE CAPTION "PROBATIONARY APPOINTMENTS OF OFFICERS," READS AS FOLLOWS:

"/A) THE SECRETARY OF THE NAVY, UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE, MAY HEREAFTER REVOKE THE COMMISSION OF ANY OFFICER ON THE ACTIVE LIST, INITIALLY COMMISSIONED AFTER THE DATE OF THIS ACT, WHO, AT THE DATE OF SAID REVOCATION HAS HAD LESS THAN SEVEN YEARS OF CONTINUOUS SERVICE AS A COMMISSIONED OFFICER OF THE LINE OF THE NAVY OR OF THE MARINE CORPS, AND EACH OFFICER WHOSE COMMISSION IS SO REVOKED SHALL BE DISCHARGED FROM THE NAVAL SERVICE: PROVIDED, THAT THE SELECTION BOARDS CONSIDERING LIEUTENANT (JUNIOR GRADE) SHALL REPORT THE NAME OF OFFICERS OF THAT GRADE WHOM THEY CONSIDER LACKING IN APTITUDE FOR THE NAVAL SERVICE, AND THE COMMISSIONS OF OFFICERS SO REPORTED SHALL BE REVOKED: PROVIDED FURTHER, THAT NO OFFICER DISCHARGED BY REASON OF REVOCATION OF COMMISSION WITHIN A PERIOD OF PROBATION SHALL RECEIVE ADVANCED PAY OR ALLOWANCES UPON SUCH DISCHARGE.'

SECTION 2 OF THE ACT OF MAY 6, 1932 (47 STAT. 149; 34 U.S. CODE, SEC. 403), PROVIDES FOR REVOCATION BY THE SECRETARY OF THE NAVY, UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE, OF ALL COMMISSIONS ISSUED AFTER MAY 6, 1932, AS ENSIGNS IN THE LINE OF THE NAVY, ETC., AT ANY TIME DURING A PERIOD OF TWO YEARS FROM THE DATES OF SUCH COMMISSIONS, AND THAT EACH OFFICER WHOSE COMMISSION IS SO REVOKED SHALL BE DISCHARGED FROM THE SERVICE WITH NOT MORE THAN ONE YEAR'S PAY.

THE 1932 ACT HAS BEEN ADMINISTRATIVELY CONSTRUED AND APPLIED TO CASES COMING WITHIN ITS TERMS AS PERMITTING THE ADVANCEMENT TO THOSE OFFICERS WHOSE COMMISSIONS HAVE BEEN REVOKED OF NOT MORE THAN ONE YEAR'S PAY, EXCEPT IN THOSE CASES WHERE THE COMMISSIONS WERE REVOKED BECAUSE OF MISCONDUCT. HOWEVER, UNDER THE TERMS OF THE LAST PROVISO TO SECTION 14 (A) OF THE LINE PERSONNEL ACT OF JUNE 23, 1938, THE PAYMENT OF ADVANCE PAY OR ALLOWANCES UPON REVOCATION OF COMMISSION WITHIN THE PRESCRIBED PROBATIONARY PERIOD OF SEVEN YEARS IS PROHIBITED. THE QUESTION IMMEDIATELY ARISES AS TO WHETHER THE PROHIBITION AGAINST ADVANCED PAY ON REVOCATION OF COMMISSION PURSUANT TO SAID SECTION 14 (A) APPLIES TO THOSE OFFICERS WHO WERE SERVING UNDER REVOCABLE COMMISSIONS UNDER THE TERMS OF THE 1932 ACT AND WHOSE COMMISSIONS MAY BE REVOKED AFTER JUNE 23, 1938.

IN VIEW OF THE ABOVE YOUR FURTHER DECISION IS REQUESTED ON THE QUESTION WHETHER THE PROHIBITION OF ADVANCED PAY ON REVOCATION OF COMMISSION UNDER SECTION 14 (A) OF THE ACT OF JUNE 23, 1938, IS IMMEDIATELY APPLICABLE, OR APPLICABLE ONLY TO OFFICERS ENTERING THE SERVICE AFTER THE DATE OF SAID ACT.

THE NAVAL APPROPRIATION ACT FOR THE FISCAL YEAR 1917, ACT OF AUGUST 29, 1916, 39 STAT. 556, AT PAGE 576, UNDER THE HEADING "COMMISSIONED PERSONNEL" BY THE FIRST PARAGRAPH UNDER THIS HEADING FIXED THE NUMBER OF OFFICERS OF THE LINE OF THE NAVY AND THE PROPORTIONS IN THE VARIOUS GRADES. AT PAGE 578, IT PROVIDED FOR PROMOTION TO THE GRADES OF COMMANDER, CAPTAIN, AND REAR ADMIRAL BY SELECTION FROM THE NEXT LOWER RESPECTIVE GRADES AS THEREIN PROVIDED; AUTHORIZED A SELECTION BOARD TO CONSIST OF NINE REAR ADMIRALS ON THE ACTIVE LIST; PRESCRIBED AN OATH TO BE TAKEN BY SUCH MEMBERS OF THE SELECTION BOARD; REQUIRED THAT THE SECRETARY OF THE NAVY FURNISH THE BOARD WITH THE NUMBER OF VACANCIES IN THE THREE GRADES TO BE FILLED DURING THE FOLLOWING CALENDAR YEAR, WITH A PROVISO THAT ANY OFFICER ELIGIBLE FOR SELECTION SHOULD HAVE THE RIGHT TO FURNISH THROUGH OFFICIAL CHANNELS A WRITTEN COMMUNICATION INVITING ATTENTION TO ANY MATTER OF RECORD IN THE NAVY DEPARTMENT CONCERNING HIM; THAT NO CAPTAIN, COMMANDER, OR LIEUTENANT COMMANDER WHO SHOULD HAVE HAD LESS THAN 4 YEARS' SERVICE IN THE GRADE IN WHICH SERVING ON NOVEMBER 30 OF THE YEAR OF THE CONVENING OF THE BOARD, SHOULD BE ELIGIBLE FOR CONSIDERATION BY THE BOARD; THAT THE RECOMMENDATION OF THE BOARD IN THE CASE OF OFFICERS OF THE FORMER ENGINEER CORPS WHO ARE RESTRICTED BY LAW TO THE PERFORMANCE OF SHORE DUTY, ONLY, SHOULD BE BASED ON THEIR COMPARATIVE FITNESS FOR THE DUTIES PRESCRIBED FOR THEM BY LAW. AT PAGE 579, IT PROVIDED THAT THE BOARD SHOULD RECOMMEND FOR PROMOTION A NUMBER OF OFFICERS IN EACH GRADE EQUAL TO THE NUMBER OF VACANCIES TO BE FILLED IN THE NEXT HIGHER GRADE DURING THE FOLLOWING CALENDAR YEAR, WITH A PROVISO THAT NO OFFICER SHOULD BE RECOMMENDED FOR PROMOTION UNLESS HE SHOULD HAVE RECEIVED THE RECOMMENDATION OF NOT LESS THAN SIX MEMBERS OF THE BOARD; REQUIRED THAT THE REPORT OF THE BOARD BE IN WRITING SIGNED BY ALL OF THE MEMBERS OF THE BOARD AND SHOW THAT THE BOARD HAD CAREFULLY CONSIDERED THE CASE OF EACH OFFICER ELIGIBLE FOR CONSIDERATION UNDER THE PROVISIONS OF THAT LAW "AND THAT IN THE OPINION OF AT LEAST SIX MEMBERS, THE OFFICERS THEREIN RECOMMENDED ARE THE BEST FITTED OF ALL THOSE UNDER CONSIDERATION TO ASSUME THE DUTIES OF THE NEXT HIGHER GRADE," WITH AN EXCEPTION AS TO OFFICERS OF THE FORMER ENGINEER CORPS; REQUIRED THAT THE REPORT OF THE BOARD BE SUBMITTED TO THE PRESIDENT FOR APPROVAL OR DISAPPROVAL, WITH A PROVISO THAT IN THE CASE OF ANY OFFICERS RECOMMENDED BY THE BOARD WHO ARE NOT ACCEPTABLE TO THE PRESIDENT, THE BOARD SHOULD BE INFORMED OF THE NUMBER OF SUCH OFFICERS AND SHOULD RECOMMEND A NUMBER OF OFFICERS EQUAL TO THE NUMBER NOT FOUND ACCEPTABLE TO THE PRESIDENT; THAT WHEN THE REPORT OF THE BOARD SHOULD HAVE BEEN APPROVED BY THE PRESIDENT, THE OFFICERS RECOMMENDED THEREIN SHOULD BE THEN ELIGIBLE FOR SELECTION AND, IF PROMOTED, SHOULD TAKE RANK WITH ONE ANOTHER IN ACCORD WITH THEIR SENIORITY IN THE GRADE FROM WHICH PROMOTED, WITH A PROVISO THAT OFFICERS SO SELECTED SHOULD, PRIOR TO THEIR PROMOTION, BE SUBJECT IN ALL RESPECTS TO THE EXAMINATION PRESCRIBED BY LAW FOR OFFICERS PROMOTED BY SENIORITY, AND IN CASE OF FAILURE TO PASS THE REQUIRED PROFESSIONAL EXAMINATION, THE OFFICER TO BE THEREAFTER INELIGIBLE FOR SELECTION AND PROMOTION, WITH A PROVISO THAT SHOULD THE OFFICER FAIL TO PASS THE REQUIRED PHYSICAL EXAMINATION, HE SHOULD NOT BE CONSIDERED, IN THE EVENT OF RETIREMENT, ENTITLED TO THE RANK OF THE NEXT HIGHER GRADE, AND PROVIDED THAT, ON AND AFTER JUNE 30, 1920, NO CAPTAIN, COMMANDER, OR LIEUTENANT COMMANDER SHOULD BE PROMOTED UNLESS HE HAD HAD NOT LESS THAN 2 YEARS' ACTUAL SEA SERVICE IN SEAGOING SHIPS IN THE GRADE IN WHICH SERVING OR WHO WAS MORE THAN 56, 50, OR 45 YEARS OF AGE, RESPECTIVELY, WITH A PROVISO:

THAT CAPTAINS, COMMANDERS, AND LIEUTENANT COMMANDERS WHO BECOME INELIGIBLE FOR PROMOTION ON ACCOUNT OF AGE SHALL BE RETIRED ON A PERCENTAGE OF PAY EQUAL TO TWO AND ONE-HALF PERCENTUM OF THEIR SHORE DUTY PAY FOR EACH YEAR OF SERVICE.

AND WITH A FURTHER PROVISO THAT THE TOTAL RETIRED PAY SHOULD NOT EXCEED 75 PERCENT OF THE SHORE-DUTY PAY THEY WERE ENTITLED TO RECEIVE ON THE ACTIVE LIST. AMENDMENTS WERE MADE TO THIS STATUTE BY THE ACT OF JULY 1, 1918, 40 STAT. 717, AS TO EXCEPTION FROM ACTUAL SEA SERVICE, AND OTHERWISE BY THE ACTS OF JULY 11, 1919, 41 STAT. 139 AND 140, AND JUNE 4, 1920, 41 STAT. 836, AND A FURTHER AMENDMENT PROVIDING FOR SERVICE IN GRADE UNTIL MARCH 5, 1929, INSTEAD OF RETIREMENT FOR AGE IN GRADE WAS MADE BY THE ACT OF JUNE 22, 1926, 44 STAT. 761, WITH A PROVISO IN THIS AMENDMENT AS FOLLOWS:

THAT THE COMMISSIONED SERVICE OF NAVAL ACADEMY GRADUATES, FOR THE PURPOSE OF THIS ACT ONLY, SHALL BE COMPUTED FROM JUNE 30 OF THE CALENDAR YEAR IN WHICH THE CLASS WITH 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.

THE EXCEPTION OR SUSPENSION FOR RETIREMENT FOR SERVICE IN GRADE WAS EXTENDED BY THE ACT OF MARCH 4, 1929, 45 STAT. 1557, TO MARCH 5, 1931.

THE ACT OF MARCH 3, 1931, 46 STAT. 1482, ENTITLED "AN ACT TO REGULATE THE DISTRIBUTION AND PROMOTION OF COMMISSIONED OFFICERS OF THE LINE OF THE NAVY, AND FOR OTHER PURPOSES," AMENDED THE ACT OF AUGUST 29, 1916, IN SPECIFIC TERMS IN SECTIONS 1 AND 2 OR BY INCONSISTENT PROVISIONS IN OTHER SECTIONS, WITH A GENERAL REPEAL CLAUSE IN SECTION 11. SECTION 1 AMENDED THE PROVISION AS TO DISTRIBUTION IN GRADES OF COMMISSIONED LINE OFFICERS ON THE ACTIVE LIST, SECTION 2 MODIFIED THE TIME OF CONVENING OF THE SELECTION BOARD ESTABLISHED BY THE ACT OF AUGUST 29, 1916, AS AMENDED, AND THE METHOD OF DETERMINING THE NAMES OF OFFICERS ELIGIBLE AND THE NUMBER OF VACANCIES FOR WHICH SELECTION WAS TO BE MADE. SECTION 3 PROVIDED FOR INELIGIBILITY FOR SELECTION OF CAPTAINS, COMMANDERS, AND LIEUTENANT COMMANDERS, IF NOT 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 35, 28, AND 21 YEARS, RESPECTIVELY, OF COMMISSIONED SERVICE IN THE NAVY, REPEATED THE PROVISION FOR COUNTING COMMISSIONED SERVICE OF NAVAL ACADEMY GRADUATES AS IN THE ACT OF JUNE 22, 1926, ABOVE, WITH AN ADDITIONAL PROVISO AS TO INELIGIBILITY FOR SELECTION OF OFFICERS COMMISSIONED IN THE LINE OF THE NAVY FROM SOURCES OTHER THAN THE NAVAL ACADEMY. SECTION 4 PROVIDED THAT THE NAMES OF OFFICERS RECOMMENDED FOR PROMOTION TO THE NEXT HIGHER GRADE AS APPROVED BY THE PRESIDENT SHOULD BE PLACED ON A PROMOTION LIST WITH A PROVISION AS TO PRECEDENCE AS TO OFFICERS RECOMMENDED BY A PRIOR BOARD OVER OFFICERS RECOMMENDED BY A SUCCEEDING BOARD, AND GAVE THE SECRETARY OF THE NAVY, WITH THE APPROVAL OF THE PRESIDENT, AUTHORITY TO REMOVE THE NAME OF ANY OFFICER FROM THE PROMOTION LIST AND SUBMIT IT TO THE NEXT ENSUING SELECTION BOARD, AND IF NOT RECOMMENDED BY THAT BOARD THE OFFICER SHOULD BE SUBJECT TO INVOLUNTARY RETIREMENT AS PROVIDED IN THAT ACT "IN ALL RESPECTS AS THOUGH HIS NAME HAD NOT PREVIOUSLY BEEN PLACED ON THE PROMOTION LIST.' SECTION 5 PROVIDED THAT ALL OFFICERS WHO ARE NOT ON THE PROMOTION LIST AND WHO AFTER THE DESIGNATED PERIODS OF SERVICE AS PRESCRIBED FOR THEIR RESPECTIVE GRADES BECOME INELIGIBLE FOR CONSIDERATION BY A LATER SELECTION BOARD IN ACCORDANCE WITH THAT LAW, OR IF ON A PROMOTION LIST FAIL PROFESSIONALLY, SHALL BE TRANSFERRED TO THE RETIRED LIST OF THE NAVY, WITH A FURTHER PROVISO THAT ALL LIEUTENANTS WHO ARE 45 OR MORE YEARS OF AGE OR WHO HAVE COMPLETED 20 YEARS OR MORE OF SERVICE, COUNTING ALL SERVICE FOR WHICH THEY WOULD BE ENTITLED TO CREDIT FOR VOLUNTARY RETIREMENT, WHO FAIL PROFESSIONALLY IN THE EXAMINATION FOR LIEUTENANT COMMANDER, SHOULD BE RETIRED, WITH A SPECIAL PROVISION FOR REVERSION OF SUCH OF THESE LIEUTENANTS WHO, WHEN APPOINTED PERMANENTLY AS ENSIGNS OR ABOVE, WERE HOLDING PERMANENT WARRANT OR COMMISSIONED WARRANT RANK IN THE NAVY. SECTION 6 PROVIDED:

OFFICERS RETIRED PURSUANT TO ANY SECTION OF THIS ACT SHALL RECEIVE PAY AT THE RATE OF 2 1/2 PERCENTUM OF THEIR ACTIVE-DUTY PAY MULTIPLIED BY THE NUMBER 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 PERCENTUM 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 2 1/2 PERCENTUM IS MULTIPLIED.

SECTION 7 AUTHORIZED THE SELECTION BOARD, WHEN THE NUMBER OF INVOLUNTARY TRANSFERS IN ANY FISCAL YEAR EXCEEDED THE NUMBER THEREIN PRESCRIBED, TO DESIGNATE BY NAME SUCH EXCESS OFFICERS FOR RETENTION ON THE ACTIVE LIST UNTIL THE END OF THE NEXT FISCAL YEAR, THE OFFICER TO BE ELIGIBLE FOR SELECTION BY THE SUCCEEDING SELECTION BOARD, AND IF NOT THEN SELECTED OR AGAIN RECOMMENDED FOR RETENTION ON THE ACTIVE LIST, TO BE RETIRED IN ACCORDANCE WITH THE PROVISIONS OF THAT ACT, WITH A PROVISO THAT ALL TRANSFERS TO THE RETIRED LIST PURSUANT TO THAT ACT SHOULD BE MADE AS OF JUNE 30 OF THE CURRENT CALENDAR YEAR, THE RESULTING VACANCIES TO BE REGARDED AS OCCURRING ON THAT DATE, AND A PROVISO AS TO THE APPOINTMENT AS ENSIGNS FROM THE GRADUATING CLASS OF THE NAVAL ACADEMY AS MIGHT BE NECESSARY TO FILL VACANCIES THAT WOULD OCCUR PRIOR TO JULY 1 OF THE CURRENT CALENDAR YEAR. SECTION 8 REQUIRED THE EXCLUSION OF OFFICERS CARRIED BY LAW AS ADDITIONAL NUMBERS FROM ANY COMPUTATION AUTHORIZED OR REQUIRED PURSUANT TO THE ACT; SECTION 9 REPEALED THE PROVISION FOR RETIREMENT FOR AGE IN GRADE, AND SECTION 10 AMENDED SECTION 30 OF THE ACT OF MARCH 4, 1925, 43 STAT. 1279, TO PROVIDE, WITH RESPECT TO ALL OFFICERS OF THE NAVY OR MARINE CORPS WHO HAD BEEN SPECIALLY COMMENDED FOR THE PERFORMANCE OF DUTY IN ACTUAL COMBAT WITH THE ENEMY DURING THE WORLD WAR BY THE HEAD OF THE EXECUTIVE DEPARTMENT UNDER WHOSE JURISDICTION SUCH DUTY WAS PERFORMED, THAT WHEN RETIRED BY REASON OF AGE, INELIGIBILITY FOR PROMOTION OR INELIGIBILITY FOR CONSIDERATION BY A SELECTION BOARD FOR THEIR RESPECTIVE GRADES, THEY SHOULD BE RETIRED WITH THE NEXT HIGHER GRADE AND WITH THREE-FOURTHS OF THE PAY THEY WOULD HAVE RECEIVED IF NOT ADVANCED IN RANK PURSUANT TO THAT SECTION. SECTION 11 REPEALS ALL ACTS AND PARTS OF ACTS IN CONFLICT WITH THE PROVISIONS OF THE SAID ACT OF MARCH 3, 1931.

THE ACT OF MAY 29, 1934, 48 STAT. 814, EXTENDED THE PROVISIONS OF THE ACT OF AUGUST 29, 1916, AS AMENDED BY THE ACT OF MARCH 3, 1931, WITH RESPECT TO PROMOTION BY SELECTION IN THE LINE OF THE NAVY AND THE RETIREMENT OF OFFICERS WHO ARE NOT ON THE PROMOTION LIST OR WHO ARE NOT FOUND PROFESSIONALLY QUALIFIED, TO INCLUDE PROMOTIONS TO THE GRADES OF LIEUTENANT COMMANDER AND LIEUTENANT, AND THE RETIREMENT OF LIEUTENANTS AND LIEUTENANTS (JUNIOR GRADE), AND FIXED THE SERVICE IN GRADE AS 14 YEARS FOR LIEUTENANTS AND 7 YEARS FOR LIEUTENANTS (JUNIOR GRADE), AND EXEMPTED THE GRADES OF LIEUTENANT AND LIEUTENANT (JUNIOR GRADE) FROM THE RESTRICTION AS TO THE NUMBER OF INVOLUNTARY TRANSFERS TO THE RETIRED LIST IN ANY FISCAL YEAR PRESCRIBED BY SECTION 7 OF THE ACT OF MARCH 3, 1931.

THE ACT OF JULY 22, 1935, 49 STAT. 487, ENTITLED "AN ACT TO REGULATE THE STRENGTH AND DISTRIBUTION OF THE LINE OF THE NAVY, AND FOR OTHER PURPOSES," BY SECTION 1 AMENDED THE ACT OF AUGUST 29, 1916, AS TO THE NUMBER OF COMMISSIONED OFFICERS OF THE LINE OF THE NAVY, EXCLUSIVE OF COMMISSIONED WARRANT OFFICERS, BY SECTION 2 AMENDED THE PROVISION AS TO THE DISPOSITION AND GRADES OF SUCH OFFICERS, WITH LIMITS AS TO THE NUMBER IN CERTAIN GRADES IN TIME OF PEACE; BY SECTION 3 AMENDED SECTION 4 OF THE ACT OF MAY 29, 1934, TO PROVIDE THAT LIEUTENANTS AND LIEUTENANTS (JUNIOR GRADE) WHO HAD NOT BE RECOMMENDED FOR PROMOTION, IF THEY HAVE COMPLETED 14 AND 7 YEARS, RESPECTIVELY, OF COMMISSIONED SERVICE, SHOULD BE CARRIED AS ADDITIONAL NUMBERS IN GRADE, AND TO PROVIDE FOR RETIREMENT OF LIEUTENANTS AND LIEUTENANTS (JUNIOR GRADE) AFTER 21 AND 14 YEARS, RESPECTIVELY, AND BY SECTION 5 AMENDED SECTION 3 OF THE ACT OF MARCH 3, 1931, AS TO DEFINITION OF SERVICE IN GRADE.

THE ACT OF JUNE 23, 1938, 52 STAT. 944, IS ENTITLED "AN ACT TO REGULATE THE DISTRIBUTION, PROMOTION AND RETIREMENT OF OFFICERS OF THE LINE OF THE NAVY AND FOR OTHER PURPOSES.' SECTION 1 PROVIDES---

THAT THERE IS HEREBY ESTABLISHED A MERIT SYSTEM FOR PROMOTION BY SELECTION IN THE LINE OF THE NAVY.

THE SUBJECT OF EACH OF THE FOLLOWING SECTIONS IS:

SEC. 2. AUTHORIZED NUMBER OF OFFICERS OF THE LINE.

SEC. 3. DISTRIBUTION OF OFFICERS OF THE LINE.

SEC. 4. PROMOTION BY SELECTION.

SEC. 5. SELECTION BOARDS.

SEC. 6. OATH FOR MEMBERS OF SELECTION BOARDS.

SEC. 7. ELIGIBILITY OF OFFICERS FOR CONSIDERATION BY SELECTION BOARDS.

SEC. 8. INFORMATION TO BE FURNISHED SELECTION BOARDS.

SEC. 9. DUTIES OF SELECTION BOARDS.

SEC. 10. REPORTS OF SELECTION OF BOARD.

SECTIONS 11, 12, AND 17 OF THE ACT ARE AS FOLLOWS:

PROMOTION OF OFFICERS

SEC. 11. (A) THE NAMES OF OFFICERS DESIGNATED BY A BOARD AS BEST FITTED FOR PROMOTION, AND THE NAMES OF OFFICERS ADJUDGED BY A BOARD AS FITTED FOR PROMOTION, AND APPROVED BY THE PRESIDENT, SHALL BE PLACED UPON A PROMOTION LIST AND PROMOTIONS TO FILL VACANCIES SHALL BE MADE FROM OFFICERS OF THE NEXT LOWER GRADE WHOSE NAMES APPEAR ON THE PROMOTION LIST AS HAVING BEEN DESIGNATED AS BEST FITTED FOR PROMOTION: PROVIDED, THAT OFFICERS WHOSE NAMES APPEAR ON THE PROMOTION LIST AS HAVING BEEN ADJUDGED FITTED FOR PROMOTION SHALL BE PROMOTED AT THE SAME TIME THAT THE OFFICERS NEXT SENIOR TO THEM ON THE LIST OF THOSE DESIGNATED AS BEST FITTED FOR PROMOTION ARE PROMOTED TO THE NEXT HIGHER GRADE: PROVIDED FURTHER, THAT OFFICERS SO PROMOTED PURSUANT TO THE RECOMMENDATIONS OF THE FAME 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: AND PROVIDED FURTHER, THAT PRIORITY IN ASSIGNMENT TO DUTY IN ANY GRADE SHALL BE ACCORDED, IRRESPECTIVE OF SENIORITY IN GRADE, TO THOSE OFFICERS WHO HAVE BEEN SELECTED AS BEST FITTED FOR PROMOTION TO THAT GRADE.

(B)THE SECRETARY OF THE NAVY MAY, IN HIS DISCRETION, WITH THE APPROVAL OF THE PRESIDENT, REMOVE THE NAME OF ANY OFFICER FROM THE PROMOTION LIST AND SUBMIT IT TO THE NEXT ENSUING SELECTION BOARD FOR CONSIDERATION AND RECOMMENDATION: PROVIDED, THAT THE NEXT ENSUING SELECTION BOARD MAY SELECT THE OFFICER CONCERNED AS BEST FITTED FOR PROMOTION OR ADJUDGE HIM FITTED FOR PROMOTION, AND THEREUPON, WITH THE APPROVAL OF THE PRESIDENT, THE NAME OF SUCH OFFICER SHALL BE REPLACED ON THE PROMOTION LIST, 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 SAME TIME HIS NAME WAS REMOVED THEREFROM: PROVIDED FURTHER, THAT IF SUCH OFFICER IS NEITHER SO SELECTED AS BEST FITTED NOR ADJUDGED FITTED BY SUCH NEXT ENSUING SELECTION BOARD HE WILL BE PLACED ON THE RETIRED LIST ON JUNE 30 OF THE THEN CURRENT FISCAL YEAR: AND PROVIDED FURTHER, THAT IF THE NAME OF ANY OFFICER SELECTED AS BEST FITTED FOR PROMOTION BE REMOVED FROM A PROMOTION LIST OF OFFICERS IN ANY GRADE AND SUBMITTED TO ANOTHER BOARD AS PROVIDED IN THIS SUBSECTION, THE ESTIMATE OF THE NUMBER OF VACANCIES FURNISHED SAID BOARD BY THE SECRETARY OF THE NAVY SHALL BE INCREASED ACCORDINGLY.

(C) NO OFFICER SHALL BE PROMOTED UNLESS HE HAS HAD NOT LESS THAN TWO YEARS' ACTUAL SEA SERVICE IN THE GRADE IN WHICH SERVING AND ON THE PROMOTION LIST FOR THAT GRADE: PROVIDED, THAT IN EXCEPTIONAL CASES WHERE OFFICERS ARE SPECIFICALLY DESIGNATED, DURING WAR OR NATIONAL EMERGENCY DECLARED BY THE PRESIDENT, BY THE SECRETARY OF THE NAVY AS PERFORMING, OR AS HAVING PERFORMED, SUCH HIGHLY IMPORTANT DUTIES ON SHORE THAT THEIR SERVICES CANNOT BE OR COULD NOT HAVE BEEN SPARED FROM SUCH ASSIGNMENT WITHOUT SERIOUS PREJUDICE TO THE NATIONAL INTERESTS, THE QUALIFICATION OF SEA SERVICE IN THE CASES OF THOSE OFFICERS SO SPECIFICALLY DESIGNATED SHALL NOT APPLY WHILE THE UNITED STATES IS AT WAR, OR DURING A NATIONAL EMERGENCY DECLARED BY THE PRESIDENT, OR WITHIN TWO AND ONE-HALF YEARS SUBSEQUENT TO THE ENDING OF SUCH WAR OR NATIONAL EMERGENCY: PROVIDED FURTHER, THAT THE QUALIFICATION OF SEA SERVICE SHALL NOT APPLY TO OFFICERS RESTRICTED BY LAW TO THE PERFORMANCE OF ENGINEERING DUTY ONLY OR TO THE PERFORMANCE OF AERONAUTICAL-ENGINEERING DUTY ONLY.

RETIREMENT OF OFFICERS

SEC. 12. (A) FOR THE PURPOSE OF THE ADMINISTRATION OF THIS SECTION, ALL OFFICERS ON THE ACTIVE LIST NOW IN THE STATUS OF HAVING FAILED OF SELECTION AS BEST FITTED, AS DEFINED IN SECTION 9 (A) OF THIS ACT, ONE OR MORE TIMES SHALL BE REGARDED AS HAVING FAILED OF SELECTION AS BEST FITTED ONCE ONLY.

(B) OFFICERS, EXCEPT LIEUTENANT COMMANDERS, LIEUTENANTS, AND LIEUTENANTS (JUNIOR GRADE), 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 IN SUCCESSIVE YEARS, WITH RETIRED PAY AT THE RATE OF 2 1/2 PERCENTUM OF THEIR ACTIVE-DUTY PAY AT THE TIME OF RETIREMENT MULTIPLIED BY THE NUMBER OF YEARS OF SERVICE FOR WHICH ENTITLED TO CREDIT IN THE COMPUTATION OF THEIR PAY ON THE ACTIVE LIST, NOT TO EXCEED A TOTAL OF 75 PERCENTUM OF SAID ACTIVE-DUTY PAY: PROVIDED, THAT A FRACTIONAL YEAR OF SIX MONTHS OR MORE SHALL BE CONSIDERED A FULL YEAR IN COMPUTING THE NUMBER OF YEARS' SERVICE BY WHICH THE RATE OF 2 1/2 PERCENTUM IS MULTIPLIED.

(C) LIEUTENANT COMMANDERS, LIEUTENANTS, AND LIEUTENANTS (JUNIOR GRADE) WHOSE NAMES ARE NOT PLACED UPON THE PROMOTION LIST SHALL BE HONORABLY DISCHARGED FROM THE NAVY WITH TWO YEARS' PAY IF LIEUTENANT COMMANDERS OR LIEUTENANTS OR WITH ONE YEAR'S PAY IF LIEUTENANTS (JUNIOR GRADE) ON JUNE 30 OF THE FISCAL YEAR IN WHICH THEY FAIL OF SELECTION AS BEST FITTED THE SECOND TIME: PROVIDED, THAT SUCH LIEUTENANT COMMANDERS, LIEUTENANTS, AND LIEUTENANTS (JUNIOR GRADE) WHO WERE APPOINTED AS ENSIGNS IN THE PERMANENT LINE OF THE NAVY, IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF MARCH 3, 1901, AS AMENDED, 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.

(D) CAPTAINS, COMMANDERS, AND LIEUTENANT COMMANDERS PROMOTED TO THOSE GRADES BY REASON OF ADJUDGMENT AS FITTED FOR PROMOTION, AND RECOMMENDED BY THE REPORT OF A SELECTION BOARD, AS APPROVED BY THE PRESIDENT, FOR RETENTION ON THE ACTIVE LIST, MAY BE CONTINUED ON THE ACTIVE LIST OF THE LINE OF THE NAVY UNTIL THEY SHALL HAVE COMPLETED THIRTY, TWENTY-EIGHT, AND TWENTY-SIX YEARS, RESPECTIVELY, OF COMMISSIONED SERVICE (WITH WHICH COMMISSIONED SERVICE SHALL BE INCLUDED SERVICE AS A COMMISSIONED WARRANT OFFICER, ACTIVE COMMISSIONED SERVICE IN THE NAVAL RESERVE FORCE, SERVICE AS A MIDSHIPMAN AFTER GRADUATION FROM THE NAVAL ACADEMY, AND SERVICE UNDER A TEMPORARY COMMISSION IN THE NAVY): PROVIDED, THAT DURING SUCH CONTINUANCE ON THE ACTIVE LIST THEY MAY BECOME ELIGIBLE FOR SELECTION, SUBJECT TO THE PROVISIONS OF SECTION 7 (A) OF THIS ACT, AS BEST FITTED FOR PROMOTION, AND MAY BE PROMOTED CONSEQUENT TO SUCH SELECTION, BUT THEY SHALL NOT BE ELIGIBLE FOR CONSIDERATION BY ANY SELECTION BOARD FOR ADJUDGMENT AS FITTED FOR PROMOTION: PROVIDED FURTHER, THAT IF SUCH OFFICERS ARE NOT SO SELECTED AS BEST FITTED AND IF THEY TWICE FAIL OF SELECTION AS BEST FITTED THEY SHALL THEREAFTER BE INELIGIBLE FOR PROMOTION: PROVIDED FURTHER, THAT, IF NOT SO SELECTED AS BEST FITTED, UPON THE COMPLETION OF THE PERIODS OF COMMISSIONED SERVICE STATED IN THIS SUBSECTION, THEY SHALL BE PLACED UPON THE RETIRED LIST ON JUNE 30 OF THE FISCAL YEAR IN WHICH THEY COMPLETED SUCH COMMISSIONED SERVICE WITH RETIRED PAY COMPUTED AS PRESCRIBED IN SUBSECTION (B) OF THIS SECTION. (E) WHEN OFFICERS OF THE LINE OF THE NAVY, OTHER THAN COMMISSIONED WARRANT OFFICERS, HAVE COMPLETED TWENTY YEARS' COMMISSIONED SERVICE, THEY MAY AT ANY TIME THEREAFTER, UPON THEIR OWN APPLICATION, IN THE DISCRETION OF THE PRESIDENT, BE RETIRED FROM ACTIVE SERVICE AND PLACED UPON THE RETIRED LIST WITH RETIRED PAY COMPUTED AS PROVIDED IN SUBSECTION (B) OF THIS SECTION: PROVIDED, THAT THE ACT OF FEBRUARY 28, 1931 (46 STAT. 1431), INSOFAR AS THE PROVISIONS THEREOF ARE EMBODIED IN SECTION 388 (A) OF TITLE 34 OF THE U.S.C. IS HEREBY REPEALED.

(F) CAPTAINS, COMMANDERS, AND LIEUTENANT COMMANDERS PROMOTED TO THOSE GRADES BY REASON OF ADJUDGMENT AS FITTED FOR PROMOTION BUT NOT RECOMMENDED BY THE REPORT OF A SELECTION BOARD, AS APPROVED BY THE PRESIDENT, FOR RETENTION ON THE ACTIVE LIST SHALL BE RETIRED ON THE DATE THEY ARE SO PROMOTED WITH THE RETIRED PAY OF THE GRADE FROM WHICH SO PROMOTED: PROVIDED, THAT SUCH OFFICERS SHALL NOT BE RETIRED EARLIER THAN SIX MONTHS AFTER THE DATE OF APPROVAL BY THE PRESIDENT OF THE REPORT OF THE SELECTION BOARD IN WHICH THEY WERE ADJUDGED FITTED FOR PROMOTION.

(G) OFFICERS NAMED IN A REPORT OF A SELECTION BOARD, AS APPROVED BY THE PRESIDENT, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 9 (C), SHALL BE HONORABLY DISCHARGED ON JUNE 30 OF THE FISCAL YEAR IN WHICH SO NAMED: PROVIDED, THAT SUCH OFFICERS SHALL RECEIVE ON DISCHARGE NOT MORE THAN ONE YEAR'S PAY IF LIEUTENANTS (JUNIOR GRADE), OR TWO YEARS' PAY IF OF A HIGHER GRADE.

(H) OFFICERS ON A PROMOTION LIST WHO FAIL TO PASS THE REQUIRED PHYSICAL EXAMINATION FOR PROMOTION AND WHO ARE FOUND INCAPACITATED FOR SERVICE BY REASON OF PHYSICAL DISABILITY CONTRACTED IN THE LINE OF DUTY SHALL BE RETIRED IN THE RANK FOR WHICH THEY WERE SELECTED, OR ADJUDGED FITTED, WITH RETIRED PAY AT THE RATE OF 75 PERCENTUM OF THE ACTIVE-DUTY PAY OF THE GRADE TO WHICH SELECTED OR ADJUDGED FITTED.

(I) OFFICERS WHO FAIL ON THE PROFESSIONAL EXAMINATION FOR PROMOTION SHALL BE HONORABLY DISCHARGED WITH ONE YEAR'S PAY IF OF LESS THAN TWENTY YEARS' SERVICE; IF OF OVER TWENTY YEARS' SERVICE THEY SHALL BE RETIRED ON JUNE 30 OF THE FISCAL YEAR IN WHICH THEY SO FAIL WITH RETIRED PAY COMPUTED AS IN SECTION 12 (B) OF THIS ACT.

(J)NO OFFICER ON THE ACTIVE LIST OF THE NAVY ON THE DATE OF APPROVAL OF THIS ACT SHALL BE RETIRED IN HIS PRESENT GRADE BY REASON OF THE PROVISIONS OF SUBSECTION (B) OF THIS SECTION OR IN THE NEXT HIGHER GRADE BY REASON OF THE PROVISIONS OF SUBSECTION (F) OF THIS SECTION SOONER THAN HE WOULD HAVE BEEN RETIRED BY REASON OF SERVICE INELIGIBILITY FOR CONSIDERATION FOR SELECTION UNDER PROVISIONS OF LAW IN EFFECT ON THE DATE OF APPROVAL OF THIS ACT: PROVIDED, THAT WHEN ANY SUCH OFFICER SHALL HAVE TWICE FAILED OF SELECTION AS BEST FITTED HE SHALL BECOME INELIGIBLE FOR CONSIDERATION BY SUBSEQUENT SELECTION BOARDS.

(K)OFFICERS NOW IN THE GRADES OF LIEUTENANT COMMANDER AND LIEUTENANT, AND LIEUTENANTS (JUNIOR GRADE) NOW ADDITIONAL NUMBERS ON THE ACTIVE LIST OF THE NAVY BY REASON OF THE OPERATION OF THE ACT OF MARCH 3, 1931 (46 STAT. 1483), AS AMENDED, SHALL, AT THEIR OWN REQUEST, IN LIEU OF THE HONORABLE DISCHARGE PROVIDED IN SUBSECTION (C) OF THIS SECTION, BE CONTINUED ON THE ACTIVE LIST OF THE NAVY UNTIL THE COMPLETION OF THE PERIOD OF SERVICE DESIGNATED IN THE SAID ACT, AS AMENDED, AND SHALL THEN BE RETIRED AS PROVIDED THEREIN, BUT WHEN THEY HAVE TWICE FAILED OF SELECTION AS BEST FITTED THEY SHALL BECOME INELIGIBLE FOR CONSIDERATION BY SUBSEQUENT SELECTION BOARDS FOR PROMOTION TO LIEUTENANT: PROVIDED, THAT LIEUTENANTS WHO SERVED IN THE NAVY OR NAVAL RESERVE FORCE PRIOR TO NOVEMBER 12, 1918, AND WHO SHALL HAVE COMPLETED NOT LESS THAN TWENTY-ONE YEARS OF SERVICE SHALL ON RETIREMENT AS PROVIDED IN THIS SUBSECTION BE ADVANCED TO THE GRADE OF LIEUTENANT COMMANDER ON THE RETIRED LIST WITH THE RETIRED PAY OF THAT GRADE.

(L) ALL LINE OFFICERS OF THE NAVY WHO HAVE BEEN SPECIALLY COMMENDED FOR THEIR PERFORMANCE OF DUTY IN ACTUAL COMBAT BY THE HEAD OF THE EXECUTIVE DEPARTMENT UNDER WHOSE JURISDICTION SUCH DUTY WAS PERFORMED, WHEN RETIRED, EXCEPT AS PROVIDED IN SECTION 12 (H) OF THIS ACT, SHALL, UPON RETIREMENT, BE PLACED UPON THE RETIRED LIST WITH THE RANK OF THE NEXT HIGHER GRADE AND WITH THREE-FOURTHS OF THE ACTIVE-DUTY PAY OF THE GRADE IN WHICH SERVING AT THE TIME OF RETIREMENT.

REPEAL PROVISIONS

SEC. 17. ALL LAWS OR PARTS OF LAWS INCONSISTENT WITH THE PROVISIONS OF THIS ACT ARE HEREBY REPEALED, AND THE PROVISIONS OF THIS ACT SHALL BE IN EFFECT IN LIEU THEREOF.

YOUR THIRD QUESTION WILL BE ANSWERED FIRST. SUBSECTION (K) OF SECTION 12 CLEARLY PROVIDES THAT OFFICERS THEREIN DESCRIBED SHALL AT THEIR OWN REQUEST, IN LIEU OF HONORABLE DISCHARGE, UPON THE COMPLETION OF THE PERIOD OF SERVICE DESIGNATED IN THE ACT OF MARCH 3, 1931, AS AMENDED "BE RETIRED AS PROVIDED THEREIN.' SECTION 6 OF THE ACT OF MARCH 3, 1931, PROVIDED THAT ALL OFFICERS RETIRED PURSUANT TO ANY PROVISION OF THAT ACT SHOULD RECEIVE PAY AT THE RATE OF 2 1/2 PERCENTUM OF THEIR ACTIVE DUTY PAY MULTIPLIED BY THE NUMBER OF YEARS OF SERVICE FOR WHICH THEY ARE ENTITLED TO CREDIT IN THE COMPUTATION OF THEIR LONGEVITY PAY ON THE ACTIVE LIST, NOT TO EXCEED A TOTAL OF 75 PERCENT. THE ACT OF JULY 22, 1935, AMENDED THE ACT OF MARCH 3, 1931, AS THERETOFORE AMENDED BY THE ACT OF MAY 29, 1934, TO REQUIRE THE RETENTION ON THE ACTIVE LIST AS ADDITIONAL NUMBERS AFTER BECOMING INELIGIBLE FOR SELECTION, OF LIEUTENANTS AND LIEUTENANTS (JUNIOR GRADE) UNTIL THEY HAD COMPLETED 21 AND 14 YEARS' SERVICE RESPECTIVELY, WITH RETIREMENT AFTER SUCH PERIODS SUBJECT TO THE LIMITATION AS TO PAY FIXED IN SECTION 6 OF THE ACT OF MARCH 3, 1931. NECESSARILY, THE SAME LIMITATION ATTACHES TO THE OFFICERS DESCRIBED IN THE PROVISO OF SUBSECTION (K) OF SECTION 12, QUOTED IN YOUR LETTER, AND AN OFFICER ADVANCED TO THE GRADE OF LIEUTENANT COMMANDER "ON RETIREMENT AS PROVIDED IN THIS SUBSECTION" IS ENTITLED TO RECEIVE 2 1/2 PERCENTUM OF HIS ACTIVE DUTY PAY AS A LIEUTENANT COMMANDER OF HIS LENGTH OF SERVICE, MULTIPLIED BY THE NUMBER OF YEARS OF SERVICE FOR WHICH HE IS ENTITLED TO CREDIT IN THE COMPUTATION OF HIS LONGEVITY PAY.

THE REVISED STATUTES OF THE UNITED STATES, AS NOW CODIFIED IN TITLE 34, U.S.C. PROVIDE:

SECTION 381. RETIREMENT AFTER FORTY YEARS' SERVICE.--- WHEN ANY OFFICER OF THE NAVY HAS BEEN FORTY YEARS IN THE SERVICE OF THE UNITED STATES HE MAY BE RETIRED FROM ACTIVE SERVICE BY THE PRESIDENT UPON HIS OWN APPLICATION (R.S. SEC. 1443).

384. AGE OF RETIREMENT.--- WHEN ANY OFFICER BELOW THE RANK OF VICE ADMIRAL IS SIXTY-FOUR YEARS OLD, HE SHALL BE RETIRED BY THE PRESIDENT FROM ACTIVE SERVICE (R.S. SEC. 1444; AUG. 29, 1916, C. 417, 39 STAT. 579).

417. EFFECT OF FINDING OF DISABILITY DUE TO INCIDENT OF SERVICE.--- WHEN A RETIRING BOARD FINDS THAT AN OFFICER IS INCAPACITATED FOR ACTIVE SERVICE, AND THAT HIS INCAPACITY IS THE RESULT OF AN INCIDENT OF THE SERVICE, SUCH OFFICER SHALL, IF SAID DECISION IS APPROVED BY THE PRESIDENT, BE RETIRED FROM ACTIVE SERVICE WITH RETIRED PAY (R.S. SEC. 1453).

991. GENERAL PROVISIONS.--- EXCEPT AS OTHERWISE PROVIDED BY LAW, THE PAY OF ALL OFFICERS OF THE NAVY WHO HAVE BEEN RETIRED ON ACCOUNT OF AGE OR LENGTH OF SERVICE, OR AN ACCOUNT OF INCAPACITY RESULTING FROM LONG AND FAITHFUL SERVICE, FROM WOUNDS OR INJURIES RECEIVED IN THE LINE OF DUTY, OR FROM SICKNESS OR EXPOSURE THEREIN, SHALL, WHEN NOT ON ACTIVE DUTY, BE EQUAL TO 75 PERCENTUM OF THE PAY PROVIDED BY LAW FOR THE GRADE OR RANK WHICH THEY HELD, RESPECTIVELY, AT THE TIME OF THEIR RETIREMENT; AND THE PAY OF ALL OTHER OFFICERS ON THE RETIRED LIST SHALL, WHEN NOT ON ACTIVE DUTY, BE EQUAL TO ONE-HALF THE PAY PROVIDED BY LAW FOR THE GRADE OR RANK HELD BY THEM, RESPECTIVELY, AT THE TIME OF THEIR RETIREMENT (R.S. SEC. 1588; MAY 30, 1908, C. 227, 35 STAT. 501; AUG. 29, 1916, C. 417, 39 STAT. 579).

AN APPARENT AMBIGUITY THUS ARISES. PARAGRAPH 12 (B) HAS SPECIFICALLY FIXED RETIRED PAY FOR OFFICERS WHOSE NAMES ARE NOT PLACED UPON THE PROMOTION LIST AND WHO ARE THEREUPON RETIRED ON JUNE 30 OF THE FISCAL YEAR IN WHICH THEY FAIL OF SELECTION AS BEST FITTED THE SECOND TIME IN SUCCESSIVE YEARS AT 2 1/2 PERCENTUM OF THEIR ACTIVE DUTY PAY AT THE TIME OF RETIREMENT, MULTIPLIED BY THE NUMBER OF YEARS OF SERVICE FOR WHICH ENTITLED TO CREDIT IN THE COMPUTATION OF THEIR ACTIVE PAY, NOT TO EXCEED A TOTAL OF 75 PERCENTUM OF THEIR ACTIVE DUTY PAY, WITH A PROVISO AS TO COMPUTING FRACTIONAL YEARS. SECTIONS 12 (D), 12 (E), AND 12 (I) AS TO OFFICERS COMING WITHIN THE TERMS OF THOSE SUBSECTIONS ARE SPECIFICALLY LIMITED TO THE RETIRED PAY PROVIDED FOR BY SECTION 12 (B). SECTIONS 12 (H) AND 12 (L) AS TO OFFICERS COMING WITHIN EITHER OF THOSE PROVISIONS MAKE SPECIFIC PROVISION FOR RETIRED PAY AT 75 PERCENTUM OF ACTIVE DUTY PAY. BUT THE PROVISO QUOTED BY YOU FROM SECTION 11 (B) AND SECTION 12 (F), ALTHOUGH PROVIDING THAT THE OFFICER SHALL BE RETIRED MAKES NO SPECIFIC PROVISION AS TO HIS RETIRED PAY, AND THE INFERENCE MAY BE THAT HE IS ENTITLED TO RETIRED PAY AT 50 PERCENTUM OF HIS ACTIVE DUTY PAY PURSUANT TO THE PROVISIONS OF SECTION 1588, REVISED STATUTES, QUOTED.

THE PROVISION CONTAINED IN SECTION 11 (B) IS SUBSTANTIALLY IDENTICAL WITH THE PROVISIONS CONTAINED IN SECTION 4 OF THE ACT OF 1931 SUMMARIZED AND QUOTED FROM ABOVE, UNDER WHICH THE OFFICER WOULD RECEIVE RETIRED PAY AT THE RATE OF 2 1/2 PERCENTUM OF HIS ACTIVE DUTY PAY AT TIME OF RETIREMENT, MULTIPLIED BY THE NUMBER OF YEARS OF SERVICE FOR WHICH HE IS ENTITLED TO CREDIT IN COMPUTATION OF HIS LONGEVITY PAY UNDER THE PLAIN TERMS OF SECTION 6 OF THAT ACT, QUOTED IN FULL ABOVE. SECTION 12 (J) REFERS TO OFFICERS INCLUDED WITHIN SECTION 12 (F) IN CONJUNCTION WITH OFFICERS INCLUDED WITHIN SECTION 12 (B). AS TO THE RATE OF RETIRED PAY SPECIFICALLY FIXED FOR OFFICERS WITHIN SECTION 12 (B), THAT IS, OFFICERS NEITHER SELECTED AS BEST FITTED FOR PROMOTION NOR ADJUDGED AS FITTED FOR PROMOTION AND OFFICERS WITHIN SECTION 12 (F) HAVING BEEN ADJUDGED FITTED FOR PROMOTION, IT IS APPARENT THAT IF THE SERVICES OF THE OFFICERS IN EACH CASE EXCEED 20 YEARS, THE OFFICER ADJUDGED FITTED, IF COMING WITHIN SECTION 1588, REVISED STATUTES, MIGHT RECEIVE LESS PAY, ALTHOUGH PLACED ON THE RETIRED LIST IN AN ADVANCED GRADE, THAN THE OFFICER NEITHER SELECTED AS BEST FITTED FOR PROMOTION NOR ADJUDGED FITTED FOR PROMOTION AND RETIRED IN THE GRADE HELD WHEN HE FAILED OF SELECTION. THE PRIOR SELECTION LAWS ARE CLEAR THAT OFFICERS RETIRED BECAUSE OF NONSELECTION SHALL RECEIVE RETIRED PAY AT THE RATE OF 2 1/2 PERCENTUM OF THEIR ACTIVE DUTY PAY MULTIPLIED BY THE NUMBER OF YEARS THEY ARE ENTITLED TO CREDIT IN THE COMPUTATION OF THEIR LONGEVITY PAY, NOT EXCEEDING 75 PERCENT. AS TO OFFICERS COMING WITHIN SECTION 11 (B) OR SECTION 12 (F), THERE IS NO INCONSISTENT PROVISION IN THE ACT OF 1938 GIVING ANY OTHER RETIRED PAY AND IT SEEMS CLEAR THAT THE PRIOR PROVISIONS IN THE SELECTION LAWS AS TO RATE OF RETIRED PAY ARE APPLICABLE, NOT HAVING BEEN REPEALED BY ANY INCONSISTENT PROVISION IN THE ACT OF 1938. ACCORDINGLY, YOUR FIRST AND SECOND QUESTIONS ARE ANSWERED BY SAYING THAT OFFICERS FALLING WITHIN EITHER SECTION 11 (B) OR SECTION 12 (F) ARE ENTITLED TO BE PAID RETIRED PAY BASED UPON 2 1/2 PERCENTUM OF THE ACTIVE DUTY PAY OF THE GRADE IN WHICH THE LAW PROVIDES THEY SHALL BE PAID RETIRED PAY, MULTIPLIED BY THE NUMBER OF YEARS OF SERVICE AS PROVIDED IN PRIOR LAWS, THAT IS, UNDER SECTION 11 (B), THE GRADE IN WHICH RETIRED, AND UNDER SECTION 12 (F), THE GRADE FROM WHICH PROMOTED.

IF AN OFFICER FALLS WITHIN THE PROVISO OF SECTION 12 (K) HE MUST BE A LIEUTENANT WHO SERVED IN THE NAVY PRIOR TO NOVEMBER 12, 1918, AND HAS COMPLETED NOT LESS THAN 21 YEARS OF SERVICE, AND IF RETIRED UNDER THE PROVISO, WOULD BE ENTITLED TO RETIREMENT IN THE GRADE OF LIEUTENANT COMMANDER WITH 2 1/2 PERCENTUM OF THE ACTIVE-DUTY PAY OF A LIEUTENANT COMMANDER OF HIS LENGTH OF SERVICE, MULTIPLIED BY THE NUMBER OF YEARS OF SERVICE AS PRESCRIBED IN THE ACT OF 1931, AS AMENDED. IF, HOWEVER, THE OFFICER HAS BEEN COMMENDED AS DESCRIBED IN SECTION 12 (L), HE WOULD BE ENTITLED TO BE PLACED ON THE RETIRED LIST WITH THE RANK OF THE NEXT HIGHER GRADE, THAT IS, LIEUTENANT COMMANDER, WITH THREE-FOURTHS OF THE ACTIVE- DUTY PAY OF THE GRADE IN WHICH SERVING AT THE TIME OF RETIREMENT, THAT IS, THAT OF A LIEUTENANT. UNDER BOTH SECTIONS HE WOULD BE ON THE RETIRED LIST AS A LIEUTENANT COMMANDER AND HE WOULD BE ENTITLED TO THE PAY AS PRESCRIBED IN SECTION 12 (K) OR AS PRESCRIBED IN SECTION 12 (L), WHICHEVER IS THE GREATER. YOUR FOURTH QUESTION IS ANSWERED ACCORDINGLY.

IT IS UNDERSTOOD THAT AS TO YOUR FIFTH QUESTION THE DEPARTMENT HAS DETERMINED (WHICH SEEMS TO BE CLEAR) THAT THE SITUATION ON WHICH IT IS BASED COULD NOT ARISE AND NO ANSWER TO THAT QUESTION WILL BE NECESSARY. AS TO OFFICERS FALLING WITHIN SECTION 12 (F) AND, ALSO, SECTION 12 (1), BOTH OF WHICH PROVIDE FOR PROMOTION COINCIDENT WITH RETIREMENT, THE PROMOTION UNDER SECTION 12 (F) IS IN EFFECT AN HONORARY PROMOTION AND ENTITLES ON THE RETIRED LIST TO ONLY THE PAY OF THE GRADE FROM WHICH PROMOTED. THE PROMOTION COINCIDENT WITH RETIREMENT AUTHORIZED BY SECTION 12 (L) IS ALSO AN HONORARY PROMOTION IN RANK WITH THREE-FOURTHS OF THE ACTIVE DUTY PAY OF THE GRADE IN WHICH SERVING AT THE TIME OF RETIREMENT, THAT IS, THE GRADE FROM WHICH PROMOTED COINCIDENT WITH RETIREMENT. THE PROVISIONS AS APPLIED TO THE SAME OFFICER ARE NOT CUMULATIVE AND THE ONE ACCORDING HIM THE GREATER BENEFITS IS FOR APPLICATION. YOUR SIXTH QUESTION IS ANSWERED ACCORDINGLY. YOUR LAST QUESTION INVOLVES THE EFFECT, IF ANY, THAT SECTION 14 (A) OF THE ACT OF JUNE 23, 1938, WORKS UPON SECTION 2 OF THE ACT OF MAY 6, 1932, 47 STAT. 149, TITLE 34, U.S.C. SECTION 403. SECTION 2 OF THE ACT OF MAY 6, 1932, PROVIDES:

THAT ALL COMMISSIONS HEREAFTER ISSUED AS ENSIGNS IN THE LINE OF THE NAVY, SECOND LIEUTENANTS IN THE MARINE CORPS, AND IN THE LOWEST COMMISSIONED GRADES OF THE STAFF CORPS OF THE NAVY WITH THE RANK OF ENSIGN, MAY BE REVOKED BY THE SECRETARY OF THE NAVY, UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE, AT ANY TIME DURING A PERIOD OF TWO YEARS FROM THE DATES OF SUCH COMMISSIONS, AND EACH OFFICER WHOSE COMMISSION IS SO REVOKED SHALL BE DISCHARGED FROM THE SERVICE WITH NOT MORE THAN ONE YEAR'S PAY. THE RANK OF SUCH OFFICERS OF THE SAME DATE OF COMMISSION AMONG THEMSELVES AT THE END OF SAID PERIOD SHALL BE DETERMINED BY BOARDS OF OFFICERS UNDER SUCH RULES AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY, AND THE RECOMMENDATIONS OF SUCH BOARDS SHALL BE FINAL WHEN APPROVED BY HIM.

UNDER THE 1932 ACT THE COMMISSIONS OF ENSIGNS OF THE LINE OF THE NAVY, AND OF THE OTHER OFFICERS NAMED, COMMISSIONED AFTER MAY 6, 1932, ARE REVOCABLE BY THE SECRETARY OF THE NAVY AT ANY TIME DURING A PERIOD OF 2 YEARS FROM THE DATES OF SUCH COMMISSIONS WITH NOT MORE THAN 1 YEAR'S PAY.

THE PAYMENT OF ANY AMOUNT ON REVOCATION OF COMMISSION UNDER THE ACT OF 1932 IS DISCRETIONARY WITH THE SECRETARY OF THE NAVY. A COMMISSION WHICH CAN BE REVOKED WITHIN A LIMIT FIXED BY THE ACT IS A PROBATIONARY APPOINTMENT. THE LAST PROVISO OF SECTION 14 (A) WHILE, OF COURSE, APPLICABLE TO THE REVOCATION OF COMMISSIONS THEREIN PROVIDED FOR, CONTAINS BROADER LANGUAGE THAN THE PRECEDING PART OF THE SECTION. THE LANGUAGE IS ALL INCLUSIVE THAT "NO OFFICER DISCHARGED BY REASON OF REVOCATION OF COMMISSION WITHIN A PERIOD OF PROBATION SHALL RECEIVE ADVANCED PAY OR ALLOWANCES UPON SUCH DISCHARGE.' WHILE THE USUAL OFFICE OF A PROVISO IS TO QUALIFY, RESTRICT, OR LIMIT THE ENACTING CLAUSE, YET IF ITS TERMS ARE BROADER THAN SUCH A PURPOSE, IT WILL OPERATE AS A GENERAL ENACTMENT AND CONTROL MATTERS NOT WITHIN THE ENACTING CLAUSE. IN FEDERAL LEGISLATION THAT IS FREQUENTLY TRUE. IN THIS CASE, OFFICERS COMMISSIONED AFTER JUNE 23, 1938, WHOSE COMMISSIONS ARE REVOKED PURSUANT TO THE PROVISIONS OF SECTION 14 (A) MAY NOT BE PAID ADVANCED PAY, INDICATING A CHANGE OF LEGISLATIVE POLICY FROM THAT CONTAINED IN THE ACT OF 1932, AND IT SEEMS CLEAR THAT AS TO ENSIGNS SERVING UNDER PROBATIONARY APPOINTMENTS UPON THE ENACTMENT OF THAT PROVISION THE CONGRESS PROPOSED TO DEPRIVE THE SECRETARY OF THE NAVY OF HIS DISCRETION UNDER THE ACT OF 1932, QUOTED, TO AUTHORIZE IN SOME CASES ADVANCED PAY, THUS MAKING IMMEDIATELY EFFECTIVE THE NEW LEGISLATIVE POLICY AS TO REVOCATIONS OF COMMISSIONS THEN AUTHORIZED BY LAW. YOUR QUESTION IS ANSWERED BY SAYING THAT THE PROVISO CITED IS IMMEDIATELY APPLICABLE AND OPERATES AS AN INDEPENDENT ENACTMENT.