72 S T A T. ]
PUBLIC LAW 85-86 1 - S E P T. 2, 1958
1505
"(2) If his running mate was not in or above the promotion zone established under chapter 545 of this title and the reserve 5/9°."^ '^ ^"^" officer was eligible for consideration for promotion because of
being senior to a reserve officer on the lineal list who was in the zone, the reserve officer is eligible for promotion when that reserve officer on the lineal list becomes eligible for promotion; or, if that reserve officer was not selected for promotion, when a selected officer on the lineal list junior to that officer becomes eligible for promotion. When promoted, an officer of the Marine Corps Reserve shall be given the same date of rank in the higher grade as that given to the officer upon whom his eligibility for promotion depended. " (d) A woman 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 when the officer who is to be her running mate in the higher grade becomes eligible for promotion under chapter 545 of this title. When promoted, she shall be given the same date of rank as that given to her running mate in the grade to which promoted. "§ 5903. Failure of selection " (a) A male officer of the Naval Reserve, a woman officer appointed under section 5581 of this title, or a male officer of the Marine Corps 10 USC sssi. Reserve is considered as having failed of selection for promotion if— "(1) he is in a promotion zone established under this chapter; "(2) his name is furnished to the appropriate selection board; and "(3) he is not selected for promotion. " (b) A male officer of the Naval Reserve, a woman officer appointed under section 5581 of this title, or a male officer of the Marine Corps Reserve whose name is withheld by the Secretary of the Navy, under section 5899(g) of this title, from consideration by two selection boards for promotion to the same higher grade is considered as having twice failed of selection for promotion to that grade.
- § 5904. Effect of erroneous omission of name from list furnished
to selection board "An officer of the Naval Reserve or the Marine Corps Reserve who has met the requirements for eligibility for consideration for promotion but whose name is omitted by administrative error from the list of officers furnished a selection board is not considered as having failed of selection for promotion by that board. If he is selected for promotion by the next selection board to consider officers of the same grade, he is entitled to the same date of rank and to the pay and allowances of the higher grade for duty performed from the same date as if he had been selected by the board from which his name was erroneously withheld. '*§ 5905. Removal from promotion list " (a) The President may remove the name of any reserve officer from a promotion list established under this chapter. " (b) The name of a reserve officer selected under this chapter for promotion to a grade above captain in the Navy or above colonel in the Marine Corps shall be removed from the promotion list if the Senate rejects his appointment to the grade for which he has been recommended. "(c) An officer whose name is removed from a promotion list under subsection (a) or (b) continues to be eligible for consideration for promotion. If he is recommended for promotion by the next selection board, and the report of the board is approved by the President, his
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