Public Law 264.

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(/us/pl/72/263)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That hereafterMarine Corps, commissioned officers.Distribution, promotion, etc. commissioned officers of the Marine Corps shall be distributed in grades, promoted, retired, and discharged in like manner and with 812the same relative conditions in all respects as are provided for commissioned Navy system to apply.officers of the line of the Navy, by existing law, or by laws hereafter enacted, except as may be necessary to adapt the said provisions to the Marine Corps, or as herein otherwise provided.

Sec. 2. Distribution of general officers. That of the authorized number of commissioned officers above the grade of colonel, one shall be the Major General Commandant, two thirds shall be brigadier generals, and the remainder shall be major generals. Sec. 3. Heads of staff departments to be brigadier generals, while so serving. That the heads of staff departments shall be general officers while so serving, in addition to the number of general officers otherwise herein provided, with the rank, pay, and allowances of brigadier generals.

They shall be carried in the grades or ranks from which appointed. Sec. 4. Major general.Vol. 40, p. 715. That promotion to major general of the line shall be from brigadier generals of the line. Sec. 5. General officers of the line computed as grade above colonel. That in computing the number of colonels to be recommended for promotion or to be designated for retention on the active list the general officers of the line shall be considered as constituting the grade next above that of colonel.

Sec. 6. Computation of commissioned service. That commissioned service of officers for the purpose of this Act shall consist of all commissioned service on the active list of the Marine Corps, whether under a temporary or permanent appointment, and all commissioned service on active duty in the Marine Corps Reserve and the National Naval Volunteers. Sec. 7. Selection boards; composition and procedure. That selection boards shall consist of not less than six officers on the active list of the Marine Corps, the composition and procedure of the boards to be determined by the Secretary of the *Proviso*.Recommendation for advancement.Navy: *Provided*, That no officer shall be recommended for advancement unless he shall have received the recommendation of not less than two thirds of the members of the board.

Sec. 8. Selection not jeopardized by staff, etc., duty. That administrative staff duty performed by any officer under appointment or detail, and duty in aviation, or in any technical specialty, shall be given weight by the selection board in determining his fitness for promotion equal to that given to line duty equally well performed. Sec. 9. Physical fitness.[R. S., sec. 1493, p. 258](/us/rs/1493/p258); [U. S. C., p. 1129](/us/usc/p1129).Disqualification by wounds.[R. S., sec. 1494, p. 258](/us/rs/1494/p258);[U.

S. C., p. 1129](/us/usc/p1129). That section 1493, Revised Statutes (U.S.C., title 34, sec. 665), is so far amended in its application to the Marine Corps as to require that no officer shall be promoted to a higher grade, excepting in the case provided in section 1494, Revised Statutes (U.S.C., title 34, sec. 666), until he has been examined by a board of Naval medical officers and pronounced physically fit to perform all his duties at sea and in the field. Sec. 10. Sea service requirement not applicable.Promotion regardless of length of service in grade.

That the requirement of sea service in grade shall not apply to promotion of officers of the Marine Corps; and officers in the upper four sevenths of the grades below brigadier general, subject to selection as established by the first section of this Act, shall be eligible for consideration by selection boards and for promotion *Proviso*.No officer completing sufficient service ineligible until once considered by board.without regard to length of service in grade: *Provided*, That no officer of the Marine Corps shall be ineligible for consideration for promotion by reason of completion of length of commissioned service until he shall have been once considered by a selection board.

Sec. 11. Staff eligible list.Consideration of names on, by subsequent board forbidden. That an officer whose name is placed on an eligible list for appointment as head of a staff department shall not be again considered for that office by any subsequent selection board, except as otherwise provided in this section, and shall, in respect to involuntary retirement, be in the same status as if on a promotion list: *Proviso*.Removal of name.*Provided*, That the Secretary of the Navy may, in his discretion, with the approval of the President, remove his name from such list 813and submit it to the next ensuing selection board for consideration and recommendation.

If recommended for appointment by saidReplaced, if recommended for appointment. board and approved by the President, the name of such officer shall be replaced on the eligible list from which removed without prejudice by reason of its having been temporarily removed therefrom. IfInvoluntary retirement. not recommended by said board, such officer shall be subject to involuntary retirement under the same conditions as provided for in the case of an officer whose name is not on a promotion list.

Sec. 12. That for the purposes of distribution and promotion in the“Grade” and “rank” synonymous. Marine Corps grade and rank shall be considered as meaning the same. Sec. 13. That the Major General Commandant shall be appointedMajor General Commandant, appointment. as now provided by law. Sec. 14. That the selection board recommending colonels for promotion shall recommend the number of officers of the rank of colonelHeads of staff departments.Preparing eligible lists for appointments. directed by the Secretary of the Navy for appointment as head of each staff department, and the names of officers so recommended, approved by the President, shall be placed on an eligible list for such appointment, one list for each department.

As vacancies occurFilling vacancies. hereafter, heads of staff departments shall be appointed for four years from officers whose names appear on the eligible lists for the respective departments. Sec. 15. That section 7 of the Act of March 4, 1925 (43 Stat. L.Repeal provisions.Vol. 43, p. 1272.[U. S. C., p. 1128](/us/usc/p1128).Exception. 1272; U.S.C., title 34, secs. 624, 630, 663, 669, and 684), and all other laws and parts of laws, insofar as the same are inconsistent with, or in conflict with the provisions of this Act, are, except as they apply to officers heretofore, retired thereunder, hereby repealed.

Sec. 16. That officers of the Marine Corps in the ranks or gradesNonselection not to subject lieutenant colonel and major to involuntary retirement. of lieutenant colonel and major shall not be retired because of not being on a promotion list or on an eligible list for appointment as head of a staff department, and shall be eligible for consideration forEligibility for consideration. promotion by selection boards without regard to completion of twenty-eight and twenty-one years’ commissioned service, respectively.

Upon promotion or advancement after the approval of thisPay and allowances upon promotions after effective date. Act, with the exception of the Major General Commandant, heads of staff departments with the rank of brigadier general, an officer of the Marine Corps who may be appointed as Judge Advocate General of the Navy, and commissioned warrant officers, which officers shall receive the pay and allowances provided by law for their rank, commissioned officers of the Marine Corps shall receive the pay and allowances of the grade or rank from which promoted or advanced: *Provided*, That officers in the grades or ranks stated shall receive the*Proviso*.Pay, etc., on attaining line number. pay and allowances of the grades or ranks in which serving upon attaining the number on the lineal lists of such grades or ranks, as follows:

Major general, two (excluding the Major General Commandant); brigadier general, six; colonel, thirty-five (common list) ; lieutenant colonel, thirty-eight (common list); major, eighty; captain, two hundred and fifty-six; first lieutenant, two hundred and twenty-four. Sec. 17. Section 4 of the Act approved February 28, 1925 (43Naval Reserve or Marine Corps Reserve.Minimum age for enlistment.Vol. 43, p. 1081.[U. S. C., p. 1133](/us/usc/p1133). Stat. L. 1081; U.S.C., title 34, sec. 753), as amended, is hereby amended to the extent that, hereafter, the minimum age limit for enlistment in the Naval Reserve or the Marine Corps Reserve shall be the same as that for enlistment in the Regular Navy, Approved, May 29, 1934.

To provide for promotion by selection in the line of the Navy in the grades of lieutenant commander and lieutenant; to authorize appointment as ensigns in the line of the Navy all midshipmen who hereafter graduate from the Naval Academy; and for other purposes. 1934-05-29 368 Chapter 48 Stat. 814 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Digitization Vendor 2024-12-11 73 2 public 814 [CHAPTER 368.] AN ACT To provide for promotion by selection in the line of the Navy in the grades of lieutenant commander and lieutenant; to authorize appointment as ensigns in the line of the Navy all midshipmen who hereafter graduate from the Naval Academy; and for other purposes.May 29, 1934.[[H. R. 9068](/us/bill/72/hr/9068)][[Public, No. 264](/us/pl/72/264)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Navy, promotion by selection in the line.Vol. 39, p. 578; [U.

S. C., p. 1110](/us/usc/p1110). That except as otherwise provided in this Act, the provisions of existing law with reference 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 found not professionally qualified are hereby extended to include Lieutenant commander and lieutenant grades.Retirement of lieutenants and lieutenants (junior grade).Promotion list to be furnished selection board.and authorize promotion to the grades of lieutenant commander and lieutenant, and the retirement of lieutenants and lieutenants (junior grade).

The number to be recommended for promotion to each such grade and to be placed upon the promotion list shall be furnished the selection board for that grade by the Secretary of the Navy and shall be the number of existing vacancies in the grade concerned plus such additional number, if any, as the needs of the service may require. Sec. 2. Junior lieutenant, service requirement for promotion. That lieutenants (junior grade) who on June 30 of the year of the convening of the board shall have had three years’ service in the grade of junior lieutenant shall be eligible for consideration for selection for promotion to the next higher grade.

Sec. 3. Recommendation board.Composition. That the board for the recommendation of line officers for promotion to the grades of lieutenant commander and lieutenant shall consist of nine officers on the active list of the line of the Navy above the rank of commander, not restricted by law to the performance of shore duty only, at least one of whom shall be a rear admiral. Sec. 4. Selection for promotion, grades below lieutenant commander.Vol. 46, p. 1483; [U. S. C., Supp. VII, p. 803](/us/usc/p803).Service requirements modified.*Provisos*.Ineligibility provisions.Involuntary transfers to retired lists.Vol. 46, p. 1483; [U.

S. C., Supp. VII, p. 806](/us/usc/p806). That for the purpose of extending section 3 of the Act of March 3, 1931 (46 Stat. 1483; U.S.C., Supp. VII, title 34, sec. 286a), to officers below the rank of lieutenant commander, the said section is amended so that the length of service therein prescribed shall be fourteen years for lieutenants and seven years for lieutenants (junior grade) : *Provided*, That no officer of said rank shall become so ineligible prior to June 30 of the second calendar year following the date of this Act: *And provided further*, That the restriction on the number of involuntary transfers in any fiscal year to the retired list prescribed in section 7 of the Act of March 3, 1931 (46 Stat. 1484;

U.S.C., Supp. VII, title 34, sec. 286e), shall not apply to the grade of lieutenant and lieutenant (junior grade). Sec. 5. Naval Academy graduates.Vol. 47, p. 149; [U. S. C., Supp. VII, p. 801](/us/usc/p801). That section 1 of the Act approved May 6, 1932 (47 Stat. 149; U.S.C., Supp. VII, title 34, sec. 12), is hereby amended by inserting the words “in 1934 and hereafter” after the words “midshipmen who”, and the words “*Provided*, That all former midshipmen graduated in 1933 who received a certificate of graduation and honorable discharge and whether they have since been married or not may, upon their own application, if physically qualified, and under such regulations as the Secretary of the Navy may prescribe, be appointed as ensigns prior to August 1, 1934, by the President and shall take rank next after the junior ensign appointed in 1933 and among themselves in accordance with their proficiency as shown by the order of merit at date of graduation: *And provided further*” after the words “Naval Academy” and by striking out “in 1932, and at least 50 per centum of all graduates in subsequent years: *Provided*”, so that as amended the said section will read as follows:

" “Appointment of midshipmen as ensigns.That the President of the United States is authorized, by and with the advice and consent of the Senate, to appoint as ensigns in the line of the Navy all midshipmen who in 1934 and hereafter *Provisos*.graduate from the Naval Academy: *Provided*, That all former mid-815shipmen graduated in 1933 who received a certificate of graduationClass of 1933. and honorable discharge and whether they have since been married or not may, upon their own application, if physically qualified, and under such regulations as the Secretary of the Navy may prescribe, be appointed as ensigns prior to August 1, 1934, by the President and shall take rank next after the junior ensign appointed in 1933 and among themselves in accordance with their proficiency as shown by the order of merit at date of graduation: *And provided further*, That the number of such officers so appointed shall, while in excessExcess to be carried as extra numbers, etc. of the total number of line officers otherwise authorized by law, be considered in excess of the number of officers in the grade of ensign as determined by any computation, and shall be excluded from any computation made for the purpose of determining the authorized number of line officers in any grade on the active list above the grade of lieutenant (junior grade) until the total number of line officers shall have been reduced below the number otherwise authorized by law.

” " Sec. 6. That hereafter any staff officer on the active list below theEqualization of promotions, staff with line officers. rank of lieutenant commander shall be advanced to the next higher rank in his corps when the running mate of such staff officer or an officer junior to such running mate has been promoted to that higher rank in the line of the Navy or when a vacancy in that rank exists in the line of the Navy which will in due course be filled by the promotion of his running mate or an officer junior to his running mate:

Provided, That such staff officer is found qualified in accordance*Proviso*.Qualification requirements. with law for such advancement. The provisions of law relating to the advancement of staff officers now embodied in sections 255, 321,[U. S. C., Supp. VII, p. 802](/us/usc/p802). and 348r (Supplement VII), of title 34, United States Code, are hereby amended in accordance with this section. Approved, May 29, 1934. To provide for the donation of certain Army equipment to posts of the American Legion. 1934-05-29 369 Chapter 48 Stat. 815 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Digitization Vendor 2024-12-11 73 2 public [CHAPTER 369.] AN ACT To provide for the donation of certain Army equipment to posts of the American Legion.May 29, 1934.[[S. 1328](/us/bill/72/s/1328)][

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48 Stat. 814
46 Stat. 1484

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Public Law 264

Stat.Public Law 265

Stat.Public Law 301

Stat.Public Law 266

Stat.48 Stat. 814

Stat.46 Stat. 1484

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