72 S T A T. ]
PUBLIC LAW 85-86 1 - S E P T. 2, 1958
" (1) Recommend those officers whose names have been referred to it whom it considers to be fully qualified for promotion, and report those whom it considers not to be so qualified. " (2) Recommend a number specified by him whom it considers to be the best qualified of those officers whose names have been referred to it. If the method prescribed in clause (2) is used in considering officers for promotion to the grade of captain, major, or lieutenant colonel, the number recommended by the selection board must be at least 80 percent of those listed for consideration. "(e) A reserve officer whose name is on a zone of consideration list for consideration for promotion under this section and who is serving in, or has been recommended for promotion to, a temporary grade that is equal to or higher than the grade for which he is to be considered under this section, may not be considered under this section, but shall be considered to have been recommended for promotion and shall be promoted when he completes the service prescribed by column 2 of the table in subsection (a) for the grade concerned. "(f) This section does not apply to the promotion to a grade above captain of reserve officers of the Army Nurse Corps or the Army Medical Specialist Corps, or to the promotion to a grade above major of reserve officers of the Women's Army Corps. "(g) If an officer of the Army National Guard of the United States is found qualified for promotion under this section, section 3390 of this title applies in place of the examination for Federal recognition in the grade for which found qualified.
- §3367. Commissioned officers: promotion of first lieutenants,
captains, and majors not assigned to units to fill vacancies "(a) Whenever the Secretary of the Army determines that, within the distribution of officers not assigned to units, there are existing or anticipated vacancies in the reserve grade of captain, major, or lieutenant colonel, he may convene a selection board to consider and recommend, for promotion to those grades, officers of the Army Reserve who are in an active status and who are not assigned to units organized to serve as units, and reserve officers who are on active duty (other than for training). The Secretary shall prescribe for each zone of consideration list established under section 3364 of this title the minimum service, computed under section 3360(b) of this title, that an officer of the appropriate branch must have to be placed on that list. He shall also require that officers— " (1) who are in an active status and not assigned to units organized to serve as units, or are on active duty (other than for training); and "(2) who have the prescribed service computed under section 3360 (b) of this title; be placed on that list, and shall prescribe the number to be recommended for promotion from each list. "(b) Subject to section 3380 of this title, an officer recommended for promotion under this section may be promoted whenever there is a vacancy; but it is not mandatory that the authorized number be maintained in any grade. "(c) A selection board considering officers undei* this section shall use one of the following methods, as directed by the Secretary of the Army: "(1)(A) Consider the officers referred to it in the order of their service computed under section 3360(b) of this title; "(B) recommend those who are fully qualified for promotion; "(C) pass over and report those not so qualified; and
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