77 STAT. ]
PUBLIC LAW 88-130-SEPT. 24, 1963
181
has five members, or in the opinion of at least two-thirds of the members if the board has more than five members, the officers recommended for promotion are the best (qualified for promotion of those officers whose names have been furnished to the board. "§ 261. Selection boards; submission of reports " (a) A board convened under section 251 of this title shall submit its report to the Secretary. If the board has acted contrary to law or regulation, the Secretary may return the report for proceedings in revision and resubmission to the Secretary. After his final review, the Secretary shall submit the report of the board to the President for his approval, modification, or disapproval. " (b) If any officer recommended for promotion is not acceptable to the President, the President may remove the name of that officer from the report of the board. "(c) Upon approval by the President the names of officers selected for promotion Dy a board convened under section 251 of this title shall be promptly disseminated to the service at large. " (d) Except as required by this section, the proceedings of a selection board shall not be disclosed to any person not a member of the board. '^§262. Failure of selection for promotion " (a) An officer, other than an officer serving in the grade of captain, who is, or is senior to, the junior officer in the promotion zone established for his grade under section 256 of this title, fails of selection if he is not selected for promotion by the selection board which considered him, or if having been recommended for promotion by the board, his name is thereafter removed from the report of the board by the President. " (b) An officer shall not be considered to have failed of selection if he was not considered by a selection board because of administrative error. If he is selected by the next succeeding selection board and promoted, he shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held had he been recommended by the first seleccion board. "C. Promotions "§271. Promotions; appointments " (a) When the report of a board convened to recommend officers for promotion has been approved by the President, the Secretary shall place the names of all officers selected and approved on a list of selectees in the order of their seniority on the active duty promotion list. "(b) Officers on the list of selectees may be promoted by appointment in the next higher grade to fill vacancies in the authorized active duty strength of the grade as determined under section 42 of this title after officers on any previous list of selectees for that grade have been promoted. Officers shall be promoted in the order that their names appear on the list of selectees. The date of rank of an officer promoted under this subsection shall be the date of his appointment in that grade. "(c) An officer serving on active duty in the grade of ensign may if found fully qualified for promotion in accordance with regulations prescribed by the Secretary, be promoted to the grade of lieutenant (junior grade) by appointment after he has completed eighteen months' active service in grade. The date of rank of an officer promoted under this subsection shall be the date of his appointment in the grade of lieutenant (junior grade) as specified by the Secretary.
Ante, p. 174.
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