Page:United States Statutes at Large Volume 100 Part 5.djvu/391

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-661—NOV. 14, 1986

100 STAT. 3865

(b) AUTHORIZATION FOR PAY AND ALLOWANCES FOR CARRIED OVER EXCESS LEAVE.—Section 502(b) of title 37, United States Code, is

amended by inserting "and section 701(h) of title 10" after "subsection (a) of this section". SEC. 507. TERMINATION OF GENDER-BASED DISTINCTIONS IN PROMOTIONS OF OFFICERS OF THE NAVAL RESERVE AND MARINE CORPS RESERVE

(a) IN GENERAL.—Chapter 549 of title 10, United States Code, is amended by striking out sections 5896 through 5899 and inserting in lieu thereof the following: "§ 5896. Recommendations for promotion by selection boards 10 USC 5896. "(a) A selection board convened under this chapter shall recommend for promotion to the next higher grade those officers considered by the board whom the board, giving due consideration to the needs of the Navy or Marine Corps for officers with particular skills, considers best qualified for promotion within each competitive category considered by the board. ,..,., "(b) A selection board convened under this chapter may not recommend an officer for promotion unless— "(1) the officer receives the recommendation of a majority of the members of the board; and "(2) a majority of the members of the board finds that the officer is fully qualified for promotion. -.u i: "(c) Except as otherwise provided by law, an officer of the Naval Reserve or the Marine Corps Reserve may not be promoted to a higher grade under this chapter unless the officer is considered and recommended for promotion to that grade by a selection board convened under this chapter. "§ 5897. Reports of selection boards 10 USC 5897. "Each selection board convened under this chapter shall submit to the Secretary of the Navy a written report, signed by each member of the board, containing a list of the names of the officers recommended for promotion and certifying (1) that the board has carefully considered the record of each officer whose name was furnished to the board under section 5895 of this title, and (2) that, in the opinion of a majority of the members of the board, the officers recommended for promotion by the board are best qualified for promotion to meet the needs of the Navy or the Marine Corps from among those officers whose names were furnished to the selection board. "§ 5898. Action on reports of selection boards 10 USC 5898. "(a) If, after reviewing the report of a selection board submitted under section 5897 of this title, the Secretary of the Navy determines that the board has acted contrary to law or regulation, the Secretary shall return the report to the board for further proceedings. Upon receipt of a report returned by the Secretary under this subsection, the selection board (or a subsequent selection board convened under this chapter for the same grade and competitive category) shall conduct such proceedings as may be necessary in order to revise the report and shall resubmit the report, as revised, to the Secretary in accordance with section 5897 of this title. "(b) The Secretary of the Navy shall, after final review of the report, submit it, together with the Secretary's recommendations, to