Title 15, chap. 4. ination. SEC. 1493. No officer shall be promoted to a higher grade Physical exam on the active list of the Navy, except in the case provided in the next section, until he has been examined by a board s. 4, v. 13, p. 53; of naval surgeons and pronounced physically qualified to July 28, 1866, 8. perform all his duties at sea. Apr. 21, 1864, 1, v. 14, p. 344. See note 2. 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 to fill. 37. promoted, to have pay of grade from date of rank. R.S., secs.14931510. 19 C. Cls., 623; 116 U. S., 396. 17 Opins., 393. Physical dis wounds. Idem. SEC. 1494. The provisions of the preceding section shall qualification by not exclude from the promotion to which he would otherwise 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, when, and effect of. SEC. 1495. Officers subject to examination before promotion 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 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 secs. 1561 and 1562.] Examination of professional fitness. 1, v. 13, p. 53. SEC. 1496. No line officer below the grade of commodore, and no officer not of the line, shall be promoted to a higher Apr. 21, 1864, 8. grade on the active list 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. rear-admiral in time of peace. Promotion to SEC. 1497. In time of peace no person shall be promoted from the list of commodores to the grade of rear-admiral, July 16, 1862, s. on the active list, until his mental, moral, and professional Apr. 21, 1864, v. fitness to perform all his duties at sea has been established 13, p. 53. as provided in the preceding section. 7, v. 12, p. 584; Examining SEC. 1498. Such examining board shall consist of not Apr. 21, 1864, s. less than three officers, senior in rank to the officer to be board. 2. v. 13, p. 53. Powers of. 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. Note 2.-The acceptance of a promotion in the Navy is not necessary to consummate 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.) 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. SEC. 1501. The statement of such officer, if made, and the testimony of the witnesses and his examination shall be recorded. present and make Record. Idem. President. Idem. SEC. 1502. Any matter on the files and records of the Revision by the Navy Department, touching 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. SEC. 1503. No officer shall be rejected until after such public examination of himself and of the records of the Navy Department in his case, unless he fails, after having been duly notified, to appear before said board. No officer to be rejected without examination. Idem. See note 5. Report of recJuly 16, 1862, s. ommendation. has the 4, v. 12, p. 584; Apr. 21, 1864, s. 4, SEC. 1504. Such examining board shall report their recommendation of any officer for promotion in the following form: "We hereby certify that mental, moral, and professional qualifications to perform v.13. p. 53; July 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." p. 344. amination. See note 6. 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 sec. loss of date when he shall be re-examined, and in case of and act Aug. 5, his failure upon such re-examination he shall be dropped from the service. 1882. 1447 20 Stat. L., 165. 193-4. 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, matters decided shall be conclusive, unless such fact continuing shows the amination not to unfitness of the officer to perform all his duties at sea. be inquired into. R. S., secs, 14931504. 18 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 notified 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 hav ing 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.) 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 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.) June 18, 1878, 265. v. 20, p. Aug. 5, 1882. conduct. 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. Whenever on an inquiry had pursuant to law, concerning Failure for mis. 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. Title 15, chap. 4. in number. SEC. 1506. Any officer of the Navy may, by and with the Advancement advice and consent of the Senate, be advanced, not exceedApr. 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 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. 24, 1865, s. 1, v. 13, See note 8. Promotion when grade is full. 2, v. 13, p. 424. SEC. 1507. Any officer who is nominated to a higher Jan. 24, 1865, s. grade by the provisions of the preceding section, shall be 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. Officers receiv- SEC. 1508. Any line officer, whether of volunteers or of the regular Navy, may be advanced one grade, if, upon 9, 12, p. 54; recommendation of the President by name, he receives the Jan. 24, 1865, s. 2, thanks of Congress for highly distinguished conduct in 13. p. 424; July conflict with the enemy or for extraordinary heroism in the 25, 1866, s. 1, v. 14, P. 222. line of his profession. Effect of vote of thanks. 384. 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 res., 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. sioned by death, Vacancies occa- SEC. 1510. No promotion shall be made to fill a vacancy etc., of officers, occasioned by the final retirement, death, resignation, or dismissal of an officer who has received a vote of thanks, thanked. Idem. Note 7.-"One year's pay" has been held by the accounting officers to mean one 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 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. Apr. 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. 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 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, Mar. 18, 1875. Billings's Case.) unless the number of officers left in the grade where the vacancy occurs shall be less than the number authorized by law. entry. 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, 8.. quired to give such bond his pay shall commence upon the 7 v. 16, p. 333. date of the approval of his bond by the proper authority. SEC. 1561. When an officer is promoted in course to fill Commencement a vacancy, and is in the performance of the duties of the higher grade from the date he is to take rank, he may be allowed the increased pay from such date. 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 date he takes rank, therein, if it be subsequent to the vacancy he is appointed to fill. of pay of promot ed 7, officers. v. 16, p. 333; July 15, 1870, s. June 5, 1872, s. 1, of June 22, 1874. Commencement pay on promoJune 22, 1874, 8. 'See note 9. tion. 1, v. 18, p. 91. and sec. 1495. 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 layed 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 regula tion; 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. Note 9.-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 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. examination. Mar. 3, 1835, s. 1, v. 4, p. 757. Sec. RANK AND PRECEDENCE. 1372. Of assistant surgeons delayed in 1466. Relative rank of navy and army 1467. Rank according to date. 1469. Aid or executive officer. 1470. Staff officers, when to communicate Sec. 1481. Staff officers retired, length of service. 1482. Staff officers retired, incident to service. 1483. Graduates at Naval Academy. 1484. Engineer graduates. 1485. Precedence by length of service. 1486. Length of service, how estimated. 1487. Quarters. 1488. Military command. 1489. Processions, boards, etc. 1491. Warrant officers. 1492. Officers of revenue marine. 1506. Advanced in rank; rank not to be 1521. Cadet midshipmen promoted. Rank of Judge - Advocate-General 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 date were examined, he shall, if not rejected at a subsequent 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. SEC. 1466. The relative rank between officers of the Navy, Relative rank whether on the active or retired list, and officers of the of navy and Army, shall be as follows, lineal rank only being considered: army officers. The Vice-Admiral shall rank with the Lieutenant-Gen Title 15, chap. 4. July 16, 1862, s. 13, v. 12, p. 585; Dec. 21, 1864, s. 1, v. 13, p. 420; July 25, 1866, s. 1, v. 14, p. 222; Mar. 2, 1867, s. 1, v. 14, p. 515 Mar. 3, 1883. Rank according to date. July 16, 1862, s. 1, v. 12, p. 583; Apr. 21, 1864, s. 7, V. 13, p. 54; Jan. 24, 1865, s. 1, v. 13, p. 424. Commanding officers of vessels and stations. eral. Rear-admirals with major-generals. Commanders with lieutenant-colonels. Lieutenant commanders with majors. Masters (lieutenants of the junior grade) with first lieutenants. Ensigns with second lieutenants. SEC. 1467. Line officers shall take rank in each grade according to the dates of their commissions. SEC. 1468. Commanding officers of vessels of war and of naval stations shall take precedence over all officers placed Mar. 3. 1871, 8. under their command. 12, v. 16, p. 357. Aid or execu tive. Idem. 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 officer. 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 |
