Public Law 83–407

Adding to section 304 a new subsection (t) as follows:

“(t)“(t)

The President is authorized to affirm within one year after the enactment of this amendatory Act the temporary appointment of an officer serving in a grade by virtue of temporary appointment therein

34 USC 350–350k.

under the Act of July 24, 1941 (5 Stat. 603), as amended, except that this authority shall not apply to temporary appointments which by their terms are of limited duration. Upon affirmation the appointment shall thereafter be considered as having been effected under authority contained in this Act and service in grade under the affirmed appointment shall be computed from the date of the appointment to the grade made under the Act of July 24, 1941 (55 Stat. 603), as amended. Affirmations made under this subsection shall not be subject to qualification by examination. All affirmations of temporary appointments in grades below that of rear admiral effected under this subsection shall be regarded as having been made with the advice and consent of the Senate. The date of rank and registered number of an officer concerned may be readjusted as necessary to maintain for him the precedence evidenced by his position on the appropriate lineal list.”

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Adding to section 312 new subsections (l) and (m) as follows:

34 USC 410j.

Discharge on requests

“(l)“(l)

Officers of the grades of lieutenant or lieutenant (junior grade) except lieutenants of the Nurse Corps, who after March 29, 1951, have twice been considered for selection for promotions under the Act of July 24, 1941 (55 Stat. 603), as amended, and who on the date of enactment of this amendatory Act have not been recommended for promotion may be honorably discharged from the Navy as soon as practicable if they request discharge within a period of six months after the date of enactment of this amendatory Act. Such officers

Lump-sum payment.

upon discharge pursuant to the provisions of this subsection shall be entitled to receive a lump-sum payment computed as prescribed in subsection (h) of this section.

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“(m)“(m)

The acceptance of a lump-sum payment under subsections (h) or (1) of this section shall not deprive a person of any retirement benefits from the Government to which he would otherwise become entitled, but there shall be deducted from such retirement benefits to such a person such portion thereof as is attributable to the active service in respect of which lump-sum payment shall have been made to him under subsections (h) or (1) until the total of the deductions so made equals the total of such lump-sum payment.”

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Adding to section 314 a new subsection (v) as follows:

34 USC 626–1.

Ante, p. 256.

Nonapplicability.

“(v)“(v)

The provisions of subsection 304 (t) relating to the affirmation of temporary appointments made under the Act of July 24, 1941 (55 Stat. 603), as amended, shall not apply to officers of the Marine Corps.”

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