Tombstone promotions to vice admiral have been awarded for service during the construction of the Panama Canal and under the Appointments Clause of the United States Constitution, but almost all tombstone vice admirals were advanced to that rank between 1925 and 1959 because they were commended for performance of duty in actual combat before the end of World War II.
The Court of Claims overturned this decision and gave Leys the retired pay of a vice admiral.
[13] The President can use his plenary power under the Appointments Clause of the United States Constitution to nominate any officer to be retired in a higher grade, subject to Senate confirmation.
[23][24] Levering Smith served as technical director or program head of the Navy's submarine-launched ballistic missile program for 20 years, having also been retired and recalled to active duty in 1974, and was promoted to vice admiral when he finally stepped down in November 1977.
[25][26] The following list of Congressional legislation concerns tombstone promotions to the grade of vice admiral in the United States Navy.