Volume 65 · 109
Public Law 82–67
To make certain revisions in titles I through IV of the Officer Personnel Act of 1947, as amended, and for other purposes.
Approved June 30, 1951
Statutory text
AN ACT
To make certain revisions in titles I through IV of the Officer Personnel Act of 1947, as amended, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Officer Personnel Act of 1947, as amended, is further amended by—
Deleting in sections 116 and 214 the last sentence thereof and substituting therefor the following sentence: “Except when suspended under the provisions of section 426 (c), the remaining provisions of
Post, p. 109.
this title shall be effective during any period in which title III of this Act is not in effect.”
Amending section 301 to read as follows:
“Sec. 301.
The authority granted by this title and all provisions thereof shall be effective during any period when the total number of line officers serving on active duty exceeds the number of line officers holding permanent appointments in the grade of ensign and above on the active list of the Regular Navy: Provided, That with respect to provisions relating to officers serving in grades of lieutenant (junior grade) and lieutenant, the President during any period that he determines the needs of the service so require may suspend the operation of any or all such provisions of this title.”
Deleting in the last sentence of subsection (g) of section 303
the word “annual” and changing the period at the end of the said sentence to a colon and adding the following new proviso: “Provided further, That, notwithstanding the provisions of this subsection relating to the authorized number of officers in grade, in order to make adjustments for the number of officers in the Naval Reserve who may be ordered to active duty in any grade pursuant to this Act or to other provisions of law, the authorized number of officers in each grade concerned may be temporarily exceeded by such number of officers ordered to active duty in such grade until the next succeeding computation authorized by this subsection shall be made.”
Amending subsections (g) and (h) of section 303 by deleting where appearing the words “as of January 1 of each year” and substituting in lieu thereof the words “at such times that the needs of the service require but not less than once annually”.
Changing the period at the end of subsection (n) of section 304
to a colon and adding the following proviso: “Provided, That the President, during any period that he determines the needs of the service so require, may suspend the operation of this subsection.”
Inserting in the first sentence of paragraph (1) of subsection
(a) of section 305 after the word “senior” the words “in permanent rank”.
Inserting in the first sentence of subsection (f) of section 314,
between the words “active” and “list” the words “or retired” and deleting in the third proviso of that subsection the words “major general on the active list” and substituting therefor the words “major, general or above on the active or retired list”
Amending section 426 by adding a new subsection as follows:
“(c) The President may, at such time or times as he may deem advisable
50 U. S. C. app. § 806 note; 34 U.S.C. § 3c note.
Suspension by President.
during any war or national emergency declared after the effective date of this Act, suspend the operation of any or all of the provisions of this Act which relate to the distribution in grades, promotion by selection, involuntary retirement and discharge of officers of the naval service, and such suspension shall not continue beyond June 30 of the fiscal year following that in which such war or national emergency shall end.”
Sec. 2.
The Act of July 24, 1941 (55 Stat. 603), as amended, is further amended by changing the period at the end of section 5 to a
Certain temporary promotions.
colon and adding the following proviso: “Provided, That officers shall be temporarily appointed pursuant to this Act to grades above lieutenant (junior grade) in the Navy and first lieutenant in the Marine Corps only upon the recommendation of a board of officers convened for that purpose.”
Section 5 of such Act is further amended by—
Inserting, immediately after “Sec. 5.”, the subsection designation “(a)and
Inserting at the end thereof the following new subsection:
“(b) In addition to recommending those officers whom it considers
Separations.
fully qualified for temporary appointment to higher grades, such a board shall also report, from among the officers whose names are presented to it for consideration, the names of any officers of the active list of less than twenty years’ service whose records in its opinion indicate their unsatisfactory performance of duty in their present grades and in its opinion indicate that they would not satisfactorily perform the duties of a higher grade. Officers holding permanent appointments on the active list of the Regular Navy or Marine Corps in the grades of warrant officer and above whose names are so reported shall, except as hereinafter provided, be honorably discharged from the naval service on the first day of the fourth month following that in which their names are thus reported with a lump-sum payment computed on the basis of two months’ active-duty pay at time of discharge for each year of commissioned service computed in accordance with subsection 102 (d) of the Officer Personnel Act of 1947, as amended,
64 Stat. 798, 816.
34 U. S. C. §§ 3a (d), 3b (d).
for line officers and subsection 202 (d) of that Act for staff officers, but not to exceed a total of one year’s active-duty pay. No such officer who is under consideration for or undergoing disciplinary action of any kind shall be separated from the naval service prior to the final disposition of his case and he shall thereafter without delay be separated from the naval service pursuant to this subsection or other provisions of law, in the discretion of the Secretary of the Navy. An
Option of reverting.
officer holding permanent appointment as a commissioned warrant or warrant officer and serving temporarily in a higher grade, or an officer designated for limited duty who when appointed for the performance of limited duty only held a permanent appointment as a commissioned warrant or warrant officer, whose name is so reported shall, in lieu of such honorable discharge from the naval service, have the option of reverting to the grade and status he would have held had he not been so appointed. An officer designated for limited duty who when appointed for the performance of limited duty only held a permanent rating below warrant officer, whose name is so reported shall, in lieu of such honorable discharge from the naval service, have the option of reverting to the grade and status he would have held had he not been so appointed and instead had been appointed a Warrant officer. In any computation to determine the grade and status to which such officers may revert, all of their active service as an officer designated for limited duty or as a temporary or reserve officer shall be included.”
Approved June 30, 1951.