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Volume 49 · 1250

Public Law 74–252

An Act11So in original. to amend section 10 and repeal section 16 of the Act entitled “An Act to regulate the distribution, promotion, retirement, and discharge of commissioned officers of the Marine Corps, and for other purposes”, approved May 29, 1934 (48 Stat. 811), and for other purposes.

Approved May 1, 1936

Statutory text

AN ACT

An Act11So in original. to amend section 10 and repeal section 16 of the Act entitled “An Act to regulate the distribution, promotion, retirement, and discharge of commissioned officers of the Marine Corps, and for other purposes”, approved May 29, 1934 (48 Stat. 811), and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That so much of

Marine Corps, commissioned officers.

Vol. 48, p. 812; U. S. C., p. 1554.

Promotions regardless of length of service in grade.

section 10 of the Act entitled “An Act to regulate the distribution, promotion, retirement, and discharge of commissioned officers of the Marine Corps, and for other purposes”, approved May 29, 1934 (48 Stat. 811), as provides: “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 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”, is hereby amended to read as follows: “and until January 1, 1938, officers in the upper three-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 without regard to length of service in grade: Provided, That hereafter no officer of

Provisos.

No officer ineligible for promotion until at least once considered by selection board.

the Marine Corps shall be ineligible for consideration by a selection board or for promotion by reason of completion of length of commissioned service or because of age without having at least once been considered by a selection board, and any officer or the Marine Corps now on a promotion list shall be eligible for promotion unless removed from said list in accordance with existing law: Provided further,

Service at Headquarters.

That officers of the Marine Corps of the grade of second lieutenant and above, except those appointed or serving as major general commandant, as assistant to the major general commandant, as the head of a staff department, or whose names appear on an eligible list for appointment as head of a staff department, shall not serve on duty in the Marine Corps Headquarters, Washington, District of Columbia, more than four out of any eight consecutive years unless the President shall determine that the public interests so require.”

Sec. 2.

That section 16 of the said Act of May 29, 1934 (48 Stat.

Section repealed.

Vol. 48, p. 813; U. S. C., p. 1554.

811), be, and the same is hereby, repealed.

Sec. 3.

That officers of the Marine Corps in the grades of lieutenant

Lieutenant colonels and majors.

colonel and major, who prior to June 30, 1935, completed the designated periods of service for their respective grades, shall

Selection for promotion, etc., and retirement of.

retain their eligibility for consideration for selection until June 30, 1936, and such officers who on that date are not on a promotion or retention list shall be transferred to the retired list: Provided,

Proviso.

Selection board, immediate convening of, recommendations, etc.

That a duly constituted selection board appointed as provided by law shall be convened immediately after the approval of this Act which board, in recommending for selection for promotion the number of officers of the grades of lieutenant colonel and major directed by the Secretary of the Navy in accordance with law, shall recommend, from the officers now on the active list in those grades, four officers of the grade of lieutenant colonel and nine officers of the grade of major, who held commissions in those grades, respectively, on May 28, 1934.

Approved, May 1, 1936.

Parsed from the official Statutes at Large USLM XML in 49.xml