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PUBLIC LAW 85-861-SEPT. 2, 1958
[72 S T A T.
name shall be placed on the promotion list without prejudice and. if he is promoted, he shall have the same lineal rank and date of rank that he would have had if his name had not been removed. However, if the officer is not recommended for promotion in the approved report of the next selection board, or if he is so recommended but the President removes his name from the promotion list or the Senate rejects his appointment, he is considered for all purposes as having twice failed of selection for promotion. § 5906. Effect of transfer to inactive status list "A reserve officer who is recommended for promotion by a selection board convened under this chapter or under chapter 543 of this title, and who, at the time he would otherwise be promoted, is ineligible for promotion because he has been transferred to the inactive status list, shall be treated as if he had not been considered for promotion by the selection board that last considered him. If he is later returned to an active status, his name may not be placed on a promotion list for promotion to the next higher grade until he is considered by another selection board and is recommended for promotion in the approved report of that board.
- § 5907. P a y and allowances
"A reserve officer, when promoted under this chapter to a grade above lieutenant (junior grade) in the Naval Reserve or above first lieutenant in the Marine Corps Reserve, is entitled to the pay and allowances of the grade to which promoted for duty performed from the date on which he became eligible for promotion to that grade. "§ 5908. Ensigns; second lieutenants " (a) An ensign in the Naval Reserve or a second lieutenant in the Marine Corps Reserve is eligible for promotion to the grade of lieutenant (junior grade) or first lieutenant, as appropriate, upon completing three years of service in grade in an active status computed from his date of rank in the grade of ensign or second lieutenant. H e is entitled to the pay and allowances of the higher grade for duty performed from the date given him as his date of rank. " (b) The Secretary of the Navy may withhold from promotion any officer who is otherwise eligible for promotion under this section but who has failed to meet the requirements for promotion prescribed by the Secretary. "§ 5909. Sea or foreign service not required "Sea or foreign service may not be made a prerequisite for the promotion of reserve officers under this chapter. §5910. Promotions under regulations prescribed by Secretary " (a) Notwithstanding any other provision of this chapter, an officer of the Naval Reserve in a grade above ensign may be promoted under regulations prescribed by the Secretary of the Navy whenever any part of the law governing the promotion of his running mate is suspended by the President. An officer of the Naval Reserve in the grade of ensign may be promoted under regulations prescribed by the Secretary wlienever ensigns on the active list of the Navy are being promoted with less than three years of service in that grade. " (b) Notwithstanding any other provision of this chapter, an officer of the Marine Corps Reserve in a grade above second lieutenant may be promoted under regulations prescribed by the Secretary whenever any part of the law governing the promotion of his running mate is suspended by the President. An officer of the Marine Corps Reserve m the grade of second lieutenant may be promoted under regulations prescribed by the Secretary whenever second lieutenants on the active
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