1504
PUBLIC LAW 85-861-SEPT. 2, 1958
[72 ST A T
" (f) An officer who becomes eligible for consideration for promotion under this section remains so eligible while he is in an active status, regardless of failures of selection for promotion. However, a selection board convened under this chapter may not consider for promotion to the next higher grade an officer whose name is on the promotion list for that grade as a result of his selection by an earlier board convened under this chapter or by a board convened under 10 USC 5701- chapter.54.3 of this title. 5711. " (g) The Secretary of the Navy may withhold from consideration by a selection board the name of an officer who is otherwise eligible for consideration for promotion under this section but who has failed to meet the requirements for eligibility prescribed by the Secretary. "§ 5900. Communication with selection board "An officer who is eliffible for consideration for promotion by a selection board convened under this chapter has the right to send a communication through official channels, inviting attention to any matter of record in the armed forces concerning himself that he considers important in his case. The communication may not criticize any officer or reflect upon the character, conduct, or motive of any officer. A communication sent under this section must arrive by the time the board convenes. "§ 5901. Numbers that may be recommended for promotion " (a) The Secretary of the Navy shall prescribe, subject to section 5892 of this title, and shall furnish to the appropriate selection board convened under this chapter, the number of officers in each category that the Board may recommend for promotion. " (b) Within the number to be recommended that the Secretary furnishes to a selection board considering line officers of the Naval Reserve foi promotion to any grade, the Secretary may specify numbers of officers of stated qualifications and experience that are required to meet mobilization needs in that grade. "(c) The numbers furnished to selection boards under this section shall be determined by the Secretary in accordance with the pro1 ^ u s e 5756- cedures prescribed in sections 5756-5763 of this title, except as may be 0 5 763 necessary, in the discretion of the Secretary, to adapt those procedures to the reserve components. "§ 5902. Promotion lists; eligibility for promotion; date of rank " (a) Officers of the Naval Reserve and the Marine Corps Reserve who are recommended for promotion in the report of a selection board convened under this chapter are considered as selected for promotion upon approval of the report by the President. The names of these officers shall be placed on the promotion list for officers of their grade. "(b) An officer of the Naval Reserve whose name is on a promotion list established under this section is eligible for promotion to the grade for which selected when the officer who is to be his running mate in the higher jrrade becomes eligible for promotion under chapter 545 of this 70, ^ ^ ^ ^'^^" title. Whien promoted, he shall be given the same date of rank as 5792 that given to his running mate in the grade to which promoted. "(c) A male officer of the Marine Corps Reserve whose name is on a promotion list established under this chapter is eligible for promotion to the grade for which selected under the following conditions: "(1) Tf his running mate was in or above the promotion zone established under chapter 545 of this title, the reserve officer is eligible for promotion when his running mate becomes eligible for promotion; or. if the running mate was not selected for promotion, when a selected officer on the lineal list junior to his running mate is eligible for promotion.
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