Public Law 75–309

That section 2 of the Act of January 12, 1923 (42 Stat. 1130; U. S. C., 1934 edition, title 14, sec. 161), as amended by the Act of June 25, 1936 (49 Stat. 1924; U. S. C., 1934 edition, Supp. II, title 14, sec. 161), is hereby amended by striking out the first proviso in that section and inserting the following proviso in lieu thereof: “ Provided, That any officer who has served or shall hereafter serve as commandant, if heretofore or hereafter retired, whether before or at any time after the termination of his service as commandant, shall, if receiving the pay of a rear admiral (upper half) at the termination of his service as commandant, be placed on the retired list with the rank and retired pay of a rear admiral (upper half), or, if receiving the pay of a rear admiral (lower half) at the termination of his service as commandant, shall be placed on the retired list with the rank and

Subsequent appointment as captain; grade, if not appointed.

retired pay of a rear admiral (lower half), and that any officer whose term of service as commandant has expired may be appointed a captain and shall be an additional number in that grade, but, if not so appointed, he shall take the place on the lineal list in the grade that he would have obtained had he not served as commandant and be an additional number in such grade;”.

Sec. 2.

Section 3 of the Act of January 12, 1923 (42 Stat. 1131; U. S. C., 1934 edition, title 14, sec. 174), as amended by the Act of February 28, 1927 (44 Stat. 1261), is hereby amended by striking out so much of the second proviso in that section as follows the

Grade above to be that of rear admiral (lower half).

Commodore, retired list; rank abolished.

semicolon and inserting in lieu thereof the following: “and, in the case of a captain, the rank and retired pay of one grade above shall be the rank and retired pay of a rear admiral (lower half). Any officer of the Coast Guard now having the rank of commodore on the retired list shall hereafter have in lieu thereof the rank of a rear admiral (lower half), without any increase in pay by reason of such change in rank.”