Page images


Title 15, chap. 4. SEC. 1493. No officer shall be promoted to a higher grade Physicalexam- on the active list of the Navy, except in the case provided 21, ,

in the next section, until he has been examined by a board 8.4. v. 13, p. 53 of naval surgeons and pronounced physically qualified to July 28, 1866, 8. 1, v. 14, p. 344.

perform all his duties at sea.

That on and after the passage of this act, any officer of June 22, 1874. the Navy who may be promoted in course to fill a vacancy 18 Stat. L., 191. in the next higher grade shall be entitled to the pay of the Supp. R. S., p. grade to which promoted from the date he takes rank Navy officers therein, if it be subsequent to the vacancy he is appointed promoted, to have

See note 2.


pay of grado from to fill.

date of rank.

R.S., secs. 14931510. 19 C. Cls., 623: 116 U.S., 396. 17 Opins., 393.



Physical dis. SEC. 1494. The provisions of the preceding section shall qualitication by wounds. not exclude from the promotion to which he would other

wise be regularly entitled 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. Examinations, SEC. 1495. Officers subject to examination before promowhen, and effect

tion to a grade limited in number by law shall not be enMar. 3. 1873, s. titled to examination in such a sense as to give increase of 1, v. 17, p. 555.

pay until designated by the Secretary of the Navy to fill vacancies in the higher grade; and ofticers 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

secs. 1561 and 1562.] Examination SEC. 1496. No line officer below the grade of commodore, of professional fitness.

and no officer not of the line, shall be promoted to a higher A2: 21,1864, s. grade on the active list of the Navy until his mental, moral, 1, v. 13, p. 53.

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.

SEC. 1497. In time of peace no person shall be promoted time of peace.

from the list of commodores to the grade of rear-admiral, July, 16, 1862.8: on the active list, until his mental, moral, and professional 7, v. 12, p. 584; Apr. 21

, 1864, v. fitness to perform all his duties at sea has been established 13, p. 53.

as provided in the preceding section. Examining SEC. 1498. Such examining board shall consist of not Apr. 21, 1861, s. less than three officers, senior in rank to the officer to be 2. v. 13, p. 53. examined.

SEC. 1499. Said board shall have power to take testimony Idem, s.1. (See and to examine all matter on the files and records of the post, June 18, 1878.]

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.

Promotion to rear-admiral in


Powers of.

Note 2.—The acceptance of a promotion in the Navy is not necessary to consum. mate 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.)


See note 5.

SEC. 1500. Any officer whose case is to be acted upon by Title 15, chap. 4. such examining board shall have the right to be present, if officer may be he so desires, and to submit a statement of his case on oath.

present and make statement.

Apr. 21, 1864, 8.

3, v. 13, p. 53. SEC. 1501. The statement of such officer, if made, and Record. th testimony of the witnesses and his examination shall Idem. be recorded.

SEC. 1502. Any matter on the files and records of the Rovision by the Navy Department, touching each case, which may, in the President. 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.

SEC. 1503. No officer shall be rejected until after such No officor to be public cxamination of himself and of the records of the rejected without Navy Department in his case, unless he fails, after having Idem. been duly notified, to appear before said board. SEC. 1504. Such examining board shall report their Report of rec

ommendation. recommendation of any officer for promotion in the follow

July 16, 1862, s. ing form: “We hereby certify that

has the 4, v. 12, p. 584; mental, moral, and professional qualifications to perform . 13, p. 53: July

A pr21, efficiently all the duties, both at sea and on shore, of the 28, 1866, s. 1, v. 14, 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 Failing in exthe grade of commander, who, upon examination for pro- “July 15, 1870, 8. motion, is not found professionally qualified, shall be sus-8, v. 18, p. 333. pended from promotion for one year, with corresponding See soc. loss of date when he shall be re-examined, and in case of and act Aug. 5, bis failure upon such re-examination he shall be dropped from the service.

That hereafter in the examination of officers in the Navy June 18, 1878. for promotion no fact which occurred prior to the last examination of the candidate whereby he was promoted, which supp. R. S., p. has been enquired into and decided upon, shall be again in promotions, enquired into, but such previous examination, if approved, ntprorious ex shall be conclusive, unless such fact continuing shows the amination not to

be inquired into. unfitness of the officer to perform all his duties at sea.


See noto 6.


[ocr errors]

20 Stat. L., 165.


matters decided conduct.


R. S., seca, 149318 C. Cls., 604. 24 C. Cls., 442.

Note 5.--An officer was under an examination for promotion (secs. 1493 to 1505), and the examination was temporarily suspended and the officer granted permission to go home and be absent until notitied to appear. Ho 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 hav. ing intervened: Held, That tho action of the President could be revoked and the officer allowed a rebearing. (Op., XVI, 20, May 29, 1878, Tracy's Case.)

Note 6.-"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 tho term of suspension, but only that it shallagree there within point of duration. When an officer is so suspended, ihe 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 snøpension 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 tako 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.)

See note 7.

in number.

See note 8.

Promotion when

June 18, 1878, SEC. 2. The President of the United States may, in any v. 20, p. 265.

cases wherein the rule herein prescribed has been violated,

order and direct the reexamination of the same. Aug. 6, 1882. Whenever on an inquiry had pursuant to law, concerning Failure for mig. the fitness of an officer of the Navy for promotion, it shall A5, 1882, 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. Title 16, chap. 4. SEC. 1506. Any officer of the Navy may, by and with the Advancement advice and consent of the Senate, be advanced, not exceed"Apr. 21, 1864, v. ing thirty numbers in rank, for eminent and conspicuous 6.8. 13, p. 54; Jan. conduct in battle or extraordinary heroism; and the rank 24, 1865, 8. 1, v. 13, P. 424; June 17, of officers shall not be changed except in accordance with the 1878, v.20, P: 143. provisions of existing law, and by and with the advice and

consent of the Senate.

SEC. 1507. Any officer who is nominated to a higher grade is full.

Jan. 24, 1865, s. grade by the provisions of the preceding section, shall be 2, v. 13, p. 424.

promoted, notwithstanding 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.

SEC. 1508. Any line officer, whether of volunteers or of ing thanks of Congress. the regular Navy, may be advanced one grade, if, upon

July 16, 1862, 1: recommendation of the President by name, he receives the Jan, 24, 1865, s. 2 thanks of Congress for highly distinguished conduct in

13, 424; 25, 1866, 5.1, v.1l, 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 July 1, 1870, of the Navy shall be held to affect such officer only; and Tea, s. 1, v. 16, p. whenever, as an incident 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. Vacancies occa- SEC. 1510. No promotion shall be made to fill a vacancy sioned by death, etc., of oflicers, occasioned by the final retirement, death, resignation, or thanked.

dismissal of an officer who has received a vote of thanks,


Officers receiv.

9, v. 12, p. 584;


[ocr errors]

Effect of vote of thanks.



Note 7.-"One year's pay” has been held by the accounting officers to mean ono year's "leave” pay.

Note 8.-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 Senato 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 Nary 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. Apr. 23, 1881, MacVeagh. Stevenson's Case.)

By advancement under section 1500 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 dato of his appointment. (Op. Mar. 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 bolds 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, Mar. 18, 1875. Billings's Case.)

June 5, 1872, s. 1, v. 17, p. 226.

act and note.

unless the number of officers left in the grade where the vacancy occurs shall be less than the number authorized by law.

SEC. 1560. The pay of an officer of the Navy, upon his Title XV, chap.8. original entry into the service, except where he is required Commencement to give an official bond, shall commence upon the date of of pay, original his acceptance of his appointment; but where he is re. July 15, 1870, s.

7, v. 16, p. 333. quired to give such bond his pay shall commence upon the date of the approval of his bond by the proper authority. SEC. 1561. When an officer is promoted in course to fill Commencement

of pay of promota vacancy, and is in the performance of the duties of the ed officers. higher grade from the date he is to take rank, he may be 7, v. 16, p. 333;

July 15, 1870, s. allowed the increased pay from such date.

See following That on and after the passage of this act, any officer of June 22, 1874. the Navy who may be promoted in course to fill a vacancy Commencement in the next higher grade shall be entitled to the pay of diopay on promothe grade to which promoted from the date he takes rank June 22, 1874, 8. therein, if it be subsequent to the vacancy he is appointed" See note 9. to fill.

SEC. 1562. If an officer of a class subject to examination Title XV, chap.8. before promotion shall be absent on duty, and by reason of In cases of desuch absence, or of other cause not involving fault on his lived examinapart, shall not be examined at the time required by law or July 15,1870, s. regulation, and shall afterward be examined and found 7, v. 16, p. 333;

See act July 22, qualified, the increased rate of pay to which his promotion 1874, and note, 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.




and sec, 1495.

Note 9.- Previous to the act of July 15, 1870, chapter 295, the increased pay of a promoted officer commenced from tho date of the signing of his appointment to porform the duties of the higher grade, if before the date of his commission, or from the date of his commission if 10 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 grado 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 oflicer to the pay of the higher grade from the dato ho takes rank therein, which date must be subsequent to the vacancy he is appointed to fill.


1372. Of assistant surgeons delayed in

1466. Relative rank of navy and army

1467. Rank according to date.
1468. Commanding otficers of vessels and

1469. Aid or executive officer.
1470. Staff officers, when to communicate

directly with commanding offi

1471. Chiefs of bureaus.
1472. Chief of bureau, below rank of

1473. Chief of bureau, retired.
1474. Medical Corps.
1475. Pay Corps.
1476. Engineer Corps.
1477. Naval constructory.
1478. Civil engineers.
1479. Chaplains.
1480. Professors of mathematics and staff


1481. Staff officers retired, length of

1482. Staff officers retired, incident to

service. 1483. Gradnates at Naval Academy. 1484. Engineer graluates. 1485. Precedence by length of service. 1486. Length of sorvice, how estimated. 1487. Quarters. 1488. Military command. 1489. Processions, boards, etc. 1490. Ensigns. 1491. Warrant officers. 1492. Officers of revenue marine. 1506. Advanced in rank; rank not to be

changed, except, etc.
1521. Carlet inidshipmen promoted.
1601. Commandant, Marine Corps.
1602. Staff officers, Marine Corps.
1603. Rank of Marine Corps with the

Rank of Judge - Advocate - General

of the Navy.

Rank of assist.

SEC. 1372. When any assistant surgeon was absent from ant surgeons in case of delayed the United States, on duty, at the time when others of his examination. Mar. 3. 1835, 8.

date were examined, he shall, if not rejected at a subse1, v. 4, p. 757. quent examination, be entitled to 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 16, chap. 4. SEC. 1466. The relative rank between officers of the Navy,

Relative rank whether on the active or retired list, and officers of the of rand Army, shall be as follows, lineal rank only being considered:


officers. July 16, 1862, s. The Vice-Admiral shall rank with the Lieutenant-Gen. 13, v. 12, p. 585; Dec. 21, 1864, s. 1,

v. 13, p. 420; July Rear-admirals with major-generals.
25, 1866, s. 1, v. 14,
p. 222; Mar. 2, Commodores with brigadier-generals.
1867, 8. 1, v. 14, p. Captains with colonels.
515. Mar. 3, 1883.

Commanders with lieutenant-colonels.
Lieutenant commanders with majors.
Lieutenants with captains.

Masters (lieutenants of the junior grade) with first lieutenants.

Ensigns with second lieutenants. Rank ing to date.

SEC. 1467. Line officers shall take rank in each grade July 16, 1862, s. according to the dates of their commissions. 1, v. 12, p. 583; Apr. 21, 1864, s. 7, F. 13, p. 54; Jan. 24, 1865, s. 1, v. 13, Commanding SEC, 1468, Commanding officers of vessels of war and of

naval stations shall take precedence over all officers placed Mar. 3. 1871, s. under their command. 12, v. 16, p. 357.

SEC. 1469. The Secretary of the Navy may, in his discretion, detail a line officer to act as the aid or executive of the commanding officer of a vessel of war or naval station, which officer shall, when not impracticable, be next in rank to said commanding oflicer. Such aid or executive shall, while executing the orders of the commanding officer on board the vessel or at the station, take precedence over all officers attached to the vessel or station. All orders of such aid or executive shall be regarded as proceeding from


P. 424.

officers of vessels and stations.

Aid or executive,


« PreviousContinue »