52 STAT.] 75TH CONG. , 3D SESS. -CH. 598-JUNE 23, 1938 DUTIES OF SELECTION BOARDS SEC. 9. (a) From among those officers who are eligible for con- sideration for promotion and whose names are furnished the board by the Secretary of the Navy, each board shall recommend for pro- motion those officers whom it considers best fitted for promotion, in number not exceeding the number of estimated vacancies certified to the board by the Secretary of the Navy as provided in section 8 of this Act: Provided, That in each grade all officers not selected as best fitted for promotion but senior in lineal rank to the junior officer selected as best fitted by each board shall be considered as having failed of selection as best fitted: Provided further, That such status of having failed of selection as best fitted shall not be consid- ered as prejudicial to an officer with respect to his qualifications, his fitness for the naval service, or his eligibility for selection by the next succeeding selection board. (b) In addition to the selection of officers best fitted for promo- tion as hitherto provided in this section, each selection board shall from among those officers who are eligible and who have once failed of selection as best fitted by a preceding board, except officers in the grades of captain and lieutenant (junior grade), designate those officers whom the board adjudges fitted for promotion, and from among such officers shall recommend for retention on the active list a number equal to the percentage thereof furnished to the board by the Secretary of the Navy as provided in section 8 of this Act. (c) The selection board shall also report the names of any officers among those eligible for consideration and of less than twenty-one years' service whose reports and records in its opinion indicate their unsatisfactory performance of duty in their present grades and in its opinion indicate that they would not satisfactorily perform the duties of a higher grade. (d) The recommendation of the board in the case of officers who are now or may hereafter be assigned to aeronautical-engineering duty only shall be based upon their comparative fitness among them- selves for the technical duties prescribed for them by law: Provided, That they shall not succeed to command on shore. (e) The recommendation of the board in the case of officers who are now or may hereafter be assigned to engineering duty only shall be based upon their comparative fitness for the duties prescribed for them by law. Upon promotion they shall be carried as additional numbers in grade. (f) No officer shall be selected as best fitted for promotion or adjudged fitted for promotion unless he shall have received the rec- ommendation of not less than six members of the board. REPORTS OF SELECTION BOARDS SEC. 10. (a) The report of the board shall be in writing, signed by all of the members thereof, and shall certify that the board has carefully considered the case of every officer whose name was fur- nished to the board by the Secretary of the Navy, as provided in section 8 of this Act, and that, in the opinion of at least six of the members, the officers therein recommended are either selected as the best fitted or are adjudged fitted, as the case may be, to assume the duties of the next higher grade, except that the recommendation of the board in the case of officers who are now or may hereafter be assigned to engineering duty only, or to aeronautical-engineering duty only, shall be based upon their comparative fitness as prescribed in section 9 of this Act. 947 Duties of selection boards. Recommendations for promotion. Number; restric- tion. Provisos. Failure of selection as best fitted. Not deemed preju- dicial with respect to qualifications, etc. Officers adjudged fitted for promotion, who once failed of selection. Officers adjudged unfitted for promo- tion. Aeronautical-engi- neering duty only. tFroiso. Not to coilninlnd on shore. Engine'ering duity only. Selectinn a3s lest fitted or fitted for pro- motion, number of recommendations. Reports of selection boards.
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