Page:United States Statutes at Large Volume 94 Part 3.djvu/215

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-513—DEC. 12, 1980

94 STAT. 2859

"631. Effect of failure of selection for promotion: regular first lieutenants and lieutenants (junior grade). "632. Effect of failure of selection for promotion: regular captains and majors of the Army, Air Force, and Marine Corps and regular lieutenants and lieutenant commanders of the Navy. "633. Retirement for years of service: regular lieutenant colonels and commanders. "634. Retirement for years of service: regular colonels and Navy captains. "635. Retirement for years of service: regular brigadier generals and commodore admirals. "636. Retirement for years of service: regular major generals and rear admirals.

"§ 627. Failure of selection for promotion 10 USC 627. "An officer in a grade below the grade of colonel or, in the case of an officer of the Navy, captain who is in or above the promotion zone established for his grade and competitive category under section 623 of this title and is considered but not selected for promotion by a selection board convened under section 611(a) of this title shall be considered to have failed of selection for promotion. "§ 628. Special selection boards "(a)(1) In the case of an officer who is eligible for promotion who the Secretary of the military department concerned determines was not considered for selection for promotion by a selection board because of administrative error, the Secretary concerned, under regulations prescribed by the Secretary of Defense, shall convene a special selection board under this subsection (composed in accordance with section 612 of this title) to determine whether such officer should be recommended for promotion. "(2) A special selection board convened under paragraph (1) shall Officer's record, consider the record of the officer as his record would have appeared to the board that should have considered him. That record shall be compared with a sampling of the records of those officers of the same competitive category who were recommended for promotion, and those officers who were not recommended for promotion, by the board that should have considered him. "(3) If a special selection board convened under paragraph (1) does not recommend for promotion an officer in a grade below the grade of colonel or, in the case of an officer of the Navy, captain whose name was referred to it for consideration, the officer shall be considered to have failed of selection for promotion. "(b)(1) In the case of an officer who is eligible for promotion who was considered for selection for promotion by a selection board but was not selected, the Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense, may convene a special selection board under this subsection (composed in accordance with section 612 of this title) to determine whether such officer should be recommended for promotion if the Secretary concerned determines that— "(A) the action of the board which considered the officer was contrary to law or involved material error of fact or material administrative error; or "(B) the board did not have before it for its consideration material information. "(2) A special selection board convened under paragraph (1) shall Officer's record, consider the record of the officer as his record, if corrected, would have appeared to the board that considered him. That record shall be compared with the records of a sampling of those officers of the same competitive category who were recommended for promotion, and those officers who were not recommended for promotion, by the board that considered him.