Title 15, Chap. 5. SEC. 1528. Three professors of mathematics shall be assigned to duty at the Naval Academy, one as professor of ethics and English studies, Professors of ethics, Spanish, one as professor of the Spanish language, and one as professor of drawand drawing. ing. [See note, same section, Naval Academy.] Title 15, Chap. 8. Pay. 20 Jan., 1881. Qualifications. * 21 May, 1864, s. 3, v. 13, p. 85. * SEC. 1556. during the first five years after date of appointment, when on duty, two thousand four hundred dollars; on leave, or waiting orders, one thousand five hundred dollars; during the second five years after such date, when on duty, two thousand seven hundred dollars; on leave, or waiting orders, one thousand eight hundred dollars; during the third five years after such date, when on duty, three thousand dollars; on leave, or waiting orders, two thousand one hundred dollars; after fifteen years from such date, when on duty, three thousand, five hundred dollars; on leave, or waiting orders, two thousand six hundred dollars. 15 July, 1870, s. 3, v. 16, p. 331. Hereafter no person shall be appointed a professor of mathematics in the Navy until he shall have passed a physical examination before a board of naval surgeons, and a profesional examination before a board of professors of mathematics in the Navy, to be convened for that purpose by the Secretary of the Navy, and received a favorable report from said boards. Title 15, Chap. 1. SEC. 1407. Seamen distinguishing themselves in battle, or by extraPromotion of ordinary heroism in the line of their profession, may be promoted to seamen to war. forward warrant officers, upon the recommendation of their command rant officers. Title 15, Chap. 3. ing officer, approved by the flag-officer and Secretary of the Navy. And upon such recommendation they shall receive a gratuity of one hundred dollars and a medal of honor, to be prepared under the direction of the Navy Department. 17 May, 1864, s. 3, v. 13, p. 79. SEC. 1447. When the case of any officer has been acted upon by a Officers rejected board of naval surgeons and an examining board for promotion, as profrom promotion. Vided in Chapter Four of this Title, and he shall not have been recommended for promotion by both of the said boards, he shall be placed upon the retired list. [See § 1505; also act Aug. 5, 1882.] 21 April, 1864, s. 4, v. 13, p. 53. NOTE.-The President has power to review the action and finding of a board of naval surgeons constituted under the fourth section of the act of April 21, 1864. Both examinations must precede a promotion, and the finding as to both must be approved by the President.-Op. XII, 347, Dec. 30, 1867, Stanberry. SEC. 1458. The next officer in rank shall be promoted to the place of a retired officer, according to the established rules of the service, and the same rule of promotion shall be applied successively to the vacancies consequent upon the retirement of an officer. [See act following.] 3 Aug., 1861, s. 22, v. 12, p. 291. 21]Dec., 1862, s. 6, v. 12, p. 330. Hereafter only one-half of the vacancies in the various grades in the line of the Navy shall be filled by promotion until such grades shall be reduced to the following numbers, namely: rear admirals, six; com modores, ten; captains, forty-five; commanders, eighty-five; lieutenant 5 Aug., 1882, P. E. L., p. 286. [Naval appropriation act.] Hereafter only one-half of the vacancies in the various grades in the staff corps of the Navy shall be filled by promotion until such grades shall be reduced to the numbers fixed for the several grades of the staff, corps of the Navy by the act of August fifth, eighteen hundred and eighty two, making appropriations for the naval service for the fiscal year ending June thirtieth, eighteen hundred and eighty three, and for other purposes. [See under PAY CORPS and ENGINEER CORPS.] 3 March, 1883, P. E. L. p. 472. [Naval appropriation act.] 3 March, 1883. Rule of promo tion in the staff. SEC. 1493. No officer shall be promoted to a higher grade on the active Title 15, Chap. 4. list of the Navy, except in the case provided in the next section, until nation. he has been examined by a board of naval surgeons and pronounced Physical examiphysically qualified to perform all his duties at sea. 21 April. 1864, s. 4, v. 13, p. 53. 28 July, 1866, s. 1, v. 14, p. 344. NOTE.-The acceptance of a promotion in the Navy is not necessary to con summate the appointment of an officer to a higher grade. [Case of an officer who died before the appointment promoting him was received, and the accounting officers objected to crediting him with the pay of a higher grade.]—Op. XII, 229, Stanberry, Aug. 1, 1867. wounds. SEC. 1494. The provisions of the preceding section shall not exclude Physical disfrom the promotion to which he would otherwise be regularly entitled qualification by any officer in whose case such medical board may report that his physical disqualification was occasioned by wounds received in the line of his duty, and that such wounds do not incapacitate him for other duties in the grade to which he shall be promoted. Idem. SEC. 1495. Officers subject to examination before promotion to a grade Examinations, limited in number by law shall not be entitled to examination in such when, and effect a sense as to give increase of pay until designated by the Secretary of of. the Navy to fill vacancies in the higher grade; and officers eligible for promotion to a grade not limited in number shall not be entitled to examination until ordered to present themselves for examination or until a class, in which they are included, has been so ordered by the Secretary of the Navy. [See §§ 1561 and 1562.] 3 March, 1873, s. 1. v. 17, p. 555. ness. SEC. 1496. No line officer below the grade of commodore, and no offi- Examination of cer not of the line, shall be promoted to a higher grade on the active professional fitlist of the Navy until his mental, moral, and professional fitness to perform all his duties at sea have been established to the satisfaction of a board of examining officers appointed by the President. 21 April, 1864, s. 1, v. 13, p. 53. SEC. 1497. In time of peace no person shall be promoted from the list of commodores to the grade of rear-admiral, on the active list, until his mental, moral, and professional fitness to perform all his duties at sea has been established as provided in the preceding section. 16 July, 1862, s. 7, v. 12, p. 584. 21 April, 1864, v. 13, p. 53. Promotion to rear-admiral in time of peace. SEC. 1498. Such examining board shall consist of not less than three Examining officers, senior in rank to the officer to be examined. 21 April, 1864, s. 2, v. 13, p. 53. board. SEC. 1499. Said board shall have power to take testimony and to ex- Powers of. amine all matter on the files and records of the Navy Department relating to any officer whose case may be considered by them. The witnesses, when present, shall be sworn by the president of the board. Idem, s. 1. [See post, June 18, 1878.] Hereafter in the examination of officers in the Navy for promotion, 20 June, 1878. no fact which occurred prior to the last examination of the candidate Matters once whereby he was promoted, which has been inquired into and decided inquired into not upon, shall be again inquired into, but such previous examination, if to be again approved, shall be conclusive, unless such fact continuing shows the brought up. unfitness of the officer to perform all his duties at sea. Title 15, Chap. 4. SEC. 2. The President of the United States may, in any cases wherein the rule herein prescribed has been violated, order and direct the reexamination of the same. 18 June, 1878, v. 20, 265. SEC. 1500. Any officer whose case is to be acted upon by such examOfficer may be ining board shall have the right to be present, if he so desires, and to present and make submit a statement of his case on oath. statement. Record. Revision by the President. No officer to be 21 April, 1864, s. 3, v. 13, p. 53. SEC. 1501. The statement of such officer, if made, and the testimony of the witnesses and his examination shall be recorded. Idem, SEC. 1502. Any matter on the files and records of the Navy Department, fonching each case, which may, in the opinion of the board, be necessary to assist them in making up their judgment, shall, together with the whole record and finding, be presented to the President for his approval or disapproval of the finding. Idem. SEC. 1503. No officer shall be rejected until after such public examirejected without nation of himself and of the records of the Navy Department in his examination. case, unless he fails, after having been duly notified, to appear before said board. Idem. NOTE.-An officer was under an examination for promotion (sections 1493 to 1505), and the examination was temporarily suspended and the officer granted permission to go home and be absent until notined to appear. He failed to receive the notice; the examination was resumed and concluded, the proceedings approved, and the officer retired. The vacancy not having been filled, and the rights of no other person having intervened: Held, That the action of the President could be revoked and the officer allowed a rehearing.-Op. XVI, 20, May 29, 1878, Tracy's case. SEC. 1504. Such examining board shall report their recommendation of any officer for promotion in the following form: "We hereby certify that has the mental, moral, and professional qualifications to perform efficiently all the duties, both at sea and on shore, of the grade to which he is to be promoted, and recommend him for promotion." SEC. 1505. Any officer of the Navy on the active list below the grade of commander, who, upon examination for promotion, is not found professionally qualified, shall be suspended from promotion for one year, with corresponding loss of date when he shall be re-examined, and in case of his failure upon such re-examination he shall be dropped from the service. [See § 1447 and act Aug. 5, 1882, post.] 15 July, 1870, s. 8, v. 16, p. 333. NOTE -Shall be suspended from promotion for one year, with corresponding loss of date," does not mean that the loss of date is to be contemporaneous with the term of suspension, but only that it shall agree therewith in point of duration. When an officer is so suspended, the loss of a year is to be reckoned from the occurrence of the vacancy, the date from which he would have taken rank had he been qualified; and the year of suspension from the approval of the President of the finding of the Examining Boards. While under suspension is ineligible to promotion, and no vacancy is to be kept open for him. The officers eligible during that period are entitled to fill the vacancies. The loss of date being one year, if found qualified, on a second examination, to fill a vacancy occurring after the period of suspension, he will be entitled, on promotion thereto, to take rank one year from the date of the vacancy which he would have originally filled. Will not be entitled to the pay of the higher grade from the ranking date in his commission.-Op. XVI, 587, Dec. 10, 1880. Published in Gen. Order 262. Whenever on on an inquiry had pursuant to law, concerning the fitness of an officer of the Navy for promotion, it shall appear that such officer is unfit to perform at sea the duties of the place to which it is proposed to promote him, by reason of drunkenness, or from any cause arising from his own misconduct, and having been informed of and heard upon the charges against him, he shall not be placed on the retired-list of the Navy, and if the finding of the board be approved by the President, he shall be discharged with not more than one year's pay. 5 Aug., 1882, P. E. L., p. 286. NOTE. In the only case so far coming under this act, "one year's pay" was held by the accounting officers to mean one year's "leave" pay. SEC. 1506. Any officer of the Navy may, by and with the advice and Titie 15, Chap. 4. consent of the Senate, be advanced, not exceeding thirty numbers in Advancement rank, for eminent and conspicuous conduct in battle or extraordinary in number. heroism; and the rank of officers shall not be changed except in accordance with the provisions of existing law, and by and with the advice and consent of the Senate. 21 April, 1864, v. s. 6,13, p. 54. 24 Jan., 1865 s. 1, v. 13, p. 424. NOTES.-Congress leaves to the discretion of the President the determination of what acts of heroism should be recommended to the Senate for reward, and in providing that the Senate must advise and consent to the advancement has indicated the only forum which may inquire into the wisdom with which that discretion has been exercised. It is not within the power of a Secretary of the Navy to inquire into the acts of heroism which induced his predecessor and the President to make an advancement. Their action is conclusive on the executive department-Op. April 23, 1881, MacVeagh. Stevenson's case. By advancement under section 1506 an ensign was promoted to master March 3, 1879, to take rank from November 27, 1877. Not having been "promoted in course to fill a vacancy," not entitled to the pay of the higher grade, under section 1561 of the Revised Statutes, from the date he takes rank, but from the date of his appointment.-Op. March 29, 1882, Brewster. Young's case. The advancement of an officer under section 1506, when the advancement is confined to the same grade in which he already holds a commission, confers upon him no right to an increase of compensation over that which he is in receipt of in virtue of that commission.-Op. XIV, 547, March 18, 1875. Billing's case. SEC. 1507. Any officer who is nominated to a higher grade by the pro- Promotion when visions of the preceding section, shall be promoted, notwithstanding grade is full. the number of said grade may be full; but no further promotions shall take place in that grade, except for like cause, until the number is reduced to that provided by law. 24 Jan., 1865, s. 2, v. 13, p. 424. SEC. 1508. Any line officer, whether of volunteers or of the regular Officers receiv Navy, may be advanced one grade, if, upon recommendation of the ing thanks of President by name, he receives the thanks of Congress for highly dis- Congress. tinguished conduct in conflict with the enemy or for extraordinary heroism in the line of his profession. SEC. 1509. A vote of thanks by Congress to any officer of the Navy Effect of vote shall be held to affect such officer only; and whenever, as an incident of thanks. thereof, an officer who would otherwise be retired is retained on the active list, such retention shall not interfere with the regular promotion of others who would otherwise have been entitled by law to promotion. 1 July, 1870, res., s. 1, v. 16, p. 384. SEC. 1510. No promotion shall be made to fill a vacancy occasioned by the final retirement, death, resignation, or dismissal of an officer who has received a vote of thanks, unless the number of officers left in the grade where the vacancy occurs shall be less than the number authorized by law. Idem. Vacanies occa sioned by death, cof thanked. officers SEC. 1560. The pay of an officer of the Navy, upon his original entry Title XV, Chap. 8. into the service, except where he is required to give an official bond, Commencement shall commence upon the date of his acceptance of his appointment; of pay, original but where he is required to give such bond his pay shall commence upon entry. the date of the approval of his bond by the proper authority. 15 July, 1870, s. 7, v. 16, p. 333. SEC. 1561. When an officer is promoted in course to fill a vacancy, and Commencement is in the performance of the duties of the higher grade from the date of pay of promothe is to take rank, he may be allowed the increased pay from such date, ed officers. [See following act and note.] 15 July, 1870, s. 7, v. 16, p. 333. 5 June, 1872, s. 1, v. 17, p. 226. 22 June, 1874. That on and after the passage of this act, any officer of the Navy who may be promoted in course to fill a vacancy in the next higher grade shall be entitled to the pay of the grade to which promoted from the Commencement date he takes rank therein, if it be subsequent to the vacancy he is ap- tion. pointed to fill. 22 June, 1874, s. 1, v. 18, p. 91. NOTE.-Previous to the act of July 15, 1870, chapter 295, the increased pay of a promoted officer commenced from the date of the signing of his appointment of pay on promo Title XV, Chap. 8. In cases of delayed examinations. to perform the duties of the higher grade, if before the date of his commission, or from the date of his commission if no appointment was previously given. The seventh section of that act provided that it should commence from the date of rank as stated in his commission. The act of June 5, 1872, substantially section 1561, provided that the promotion must have been in course to fill a vacancy, and the officer must have been in the performance of the duties of the higher grade from the date he takes rank. Under the act of June 22, 1874, which now regulates it, the promotion must have been in "course to fill a vacancy" to entitle an officer to the pay of the higher grade from the date he takes rank therein, which date must be subsequent to the vacancy he is appointed to fill. SEC. 1562. If an officer of a class subject to examination before promotion shall be absent on duty, and by reason of such absence, or of other cause not involving fault on his part, shall not be examined at the time required by law or regulation, and shall afterward be examined and found qualified, the increased rate of pay to which his promotion would entitle him shall commence from the date when he would have been entitled to it had he been examined and found qualified at the time so required by law or regulation; and this rule shall apply to any cases of this description which may have heretofore occurred. And in every such case the period of service of the party, in the grade to which he was promoted, shall, in reference to the rate of his pay, be considered to have commenced from the date when he was so entitled to take rank. [See ante, July 22, 1874, and note, and § 1495.] 1472. Chief of Bureau, below rank of commodore. 1492. Officers of revenue marine. Title 15, Chap. 1. SEC. 1367. The Admiral and Vice-Admiral shall each be allowed a sec- Vice-Admiral. 21 Dec., 1864, s. 2, v. 13, p. 420. 16 May, 1866, v. 14, p. 48. 25 July, 1866, s. 6, v. 14, p. 223. 2 March, 1867, s. 1, v. 14, p. 516. Rank of assist- SEC. 1372. When any assistant surgeon was absent from the United ant surgeons in States, on duty, at the time when others of his date were examined, case of delayed he shall, if not rejected at a subsequent examination, be entitled to examination. the same rank with them; and if, from any cause, his relative rank cannot be assigned to him, he shall retain his original position on the register. Title 15, Chap. 4. Relative rank of Navy and Army officers. 3 March, 1835, s. 1, v. 4, p. 757. SEC. 1466. The relative rank between officers of the Navy, whether on the active or retired list, and officers of the Army, shall be as follows, lineal rank only being considered: The Vice-Admiral shall rank with the Lieutenant-General. Commodores with brigadier-generals. Commanders with lieutenant-colonels. Captains with colonels. Lieutenant commanders with majors. |