Page:United States Statutes at Large Volume 70A.djvu/419

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361

361 (2) the date on which the President approved the report of the selection board that recommended him for promotion; whichever is later. § 5776. Failure of selection (a) Subject to subsection (b), a male officer in the line of the Navy, or a male officer of the Marine Corps, who is eligible for consideration for promotion by a selection board convened under chapter 543 of this title and is not selected for promotion is considered as having failed of selection for promotion if he is, or is senior to, the junior officer of his category in the promotion zone established in his grade under section 5764 or section 5765 of this title. Such an officer is not considered as having failed of selection if he is junior to the junior officer of his category in the promotion zone in his grade. (b) A male officer in the line of the Navy restricted in the performance of duty serving in the grade of captain, or a male officer of the Marine Corps restricted in the performance of duty serving in the grade of colonel, who is eligible for consideration for promotion by a selection board convened under chapter 543 of this title and who is not selected for promotion is not considered as having failed of selection. There are no promotion zones for such officers for promotion to the grade of rear admiral or brigadier general. (c) Subject to subsections (d) and (e), an officer in a staff corps of the Navy who is eligible for consideration for promotion by a selection board convened under chapter 543 of this title and is not selected for promotion is considered as having failed of selection for promotion if he is, or is senior to, the junior officer of his category in the promotion zone established in his grade and corps under section 5766 of this title. Such an officer is not considered as having failed of selection if he is junior to the junior officer of his category in the promotion zone in his grade and corps. (d) An officer in the grade of lieutenant commander or lieutenant in the Nurse Corps who is eligible for consideration for promotion by a selection board convened under chapter 543 of this title and is not selected for promotion is not considered as having failed of selection for promotion, whether or not she is in the promotion zone for officers 01 her grade and corps. (e) A woman officer appointed under section 6590 of this title whois eligible for consideration for promotion by a selection board convened under chapter 543 of this title and is not selected for promotion is not considered as having failed of selection for promotion. Ther©' are no promotion zones for women officers so appointed. § 5777. Removal from promotion list (a) The President may remove the name of any officer from a promotion list. (b) If the Senate rejects an officer's appointment to the grade for which he has been recommended, the officer's name shall be removed from the promotion list. (c) An officer whose name is removed from a promotion list under subsection (a) or (b) continues to be eligible for consideration for promotion. I f he is recommended for promotion by the next selection board, and the report of the board is approved by the President,