Page:United States Statutes at Large Volume 70A.djvu/413

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355

355 to consider such officers in that grade for recommendation for promotion to the next higher grade. The promotion zone in each grade shall be composed of that number of the most senior such officers under consideration, who are eligible for selection for promotion to the next higher grade and who have not previously failed of such selection, that must either be selected for promotion by the particular board or be considered as having failed of such selection, in order to maintain a flow of promotions consistent with the terms of service set out in section 5768 of this title and in order best to assure to individuals in succeeding years equality of opportunity for promotion. The Secretary shall determine the number in the zone on the basis of a consideration of the number of vacancies estimated for the next higher grade in each of the next five years, the number of officers who will be eligible for selection in each of those years, and the terms of service which those officers will have completed. § 5766. Navy; staff corps officers: promotion zones (a) Officers in any staff corps not restricted in the performance of duty, other than women officers appointed under section 5590 of this title, who have not failed of selection for promotion to the next higher grade are in the promotion zone for officers of their grade and corps when their running mates are in the promotion zone for male line officers not restricted in the performance of duty. (b) Male officers in any staff corps designated for limited duty who have not failed of selection for promotion to the next higher grade are in the promotion zone for officers of their grade, corps, and designation, when their running mates are in the promotion zone for male line officers designated for limited duty. § 5767.

Officers qualified for specific duties: promotion to flag or general officer grade (a) Whenever the Secretary of the Navy determines that there are not enough officers to meet the needs of the service in the grade of rear admiral in the Navy or in the grade of major general or brigadier general in the Marine Corps, who are specially qualified for a type of duty required of officers of the grade concerned, he may direct that, of the total number of officers that a selection board may recommend for promotion to that grade, a specified number shall be officers who are specially qualified for the required type of duty. If, solely as a result of this section, the selection board selects an officer who is junior to the junior officer in the promotion zone, the board shall so certify in its report. (b) Each officer who is promoted solely by operation of subsectioiQ (a) and who is junior to the junior officer in the promotion zone shall, when one or more officers junior to the junior officer in that promotion zone are promoted pursuant to the report of the next selection board convened after the board which selected him, have his rank adjusted in the grade for which selected according to his relative rank with such other officers in the grade from which they were promoted, unless at the time of his selection there was another officer junior to him selected under provisions other than those of subsection (a). I f an officer's rank is to be adjusted under this subsection, the President, when all officers concerned are promoted to the grade for which selected, shall assign to him a later date of rank that will insure the