84 STAT.
PUBLIC LAW 91-402-SEPT. 18, 1970
(2) Section 770 is amended by striking out the figure "795-' in both of the pLices it appears and inserting in lieu thereof, the figure "798"; by redesignating clause " (9) " as " ( 1 0) "; and by adding a new clause " (9) " a s follows: ' ^ "(9) the 'active duty promotion list' is as defined in section 41a of this title." (8) Section 772 is amended by inserting before the period in the second sentence of subsection (b) the phrase "or because an excess results directly from the operation of mandatory provisions of this or other laws". (4) Section 774 is amended to read as follows: "A Reserve officer must be in an active status to be eligible for consideration for promotion and to be promoted under this subchapter. Officers retained in an active status and excluded from promotion by the provisions of section 787 of this title are not eligible for consideration for promotion." (5) Section 775 is amended by adding a new subsection (f) to read as follows: "(f) Whenever a selection board is convened to consider officers of the Women's Reserve not serving on active duty, membership of the board shall include, when reasonably available, not less than two members of the Women's Reserve not serving on active duty." (6) Section 780 is amended— (A) by amending subsections (c) and (d) to read as follows: "(c) Each selection board, from among those officers whose names are submitted to it as determined by section 783 of this title, shall recommend for promotion to the next high grade: "(1) those male officers serving in the grade of lieutenant (junior grade) or above whom it considers to be best qualified; "(2) those male officers serving in the grade of ensign whom it (•onsiders to be fully qualified; " (8) those officers of the Women's Reserve serving in the grade of lieutenant or below whom it considers to be full^ qualified; and " (4) those officers of the Women's Reserve serving in the grade of lieutenant commander or above whom it considers to be best qualified. The recommendation of a selection board shall be based on comparative fitness for the diities to which officers of the Women's Reserve are normally assigned. " (d) Before convening a board to recommend officers for promotion to any grade above lieutenant (junior grade), the Secretary shall determine the total number of officers to be selected for promotion to that grade. X^nless the Secretary takes action pursuant to the provisions of subsection (c) of section 772 of this subchapter, this number shall be equal to the number of vacancies existing in the grade, plus the number of vacancies estimated for the next twelve months, less the number of officers on the promotion list for that grade." (B) by adding a new subsection (i) to read as follows: " (i) Vacancies in all grades shall be filled by the combined total of those officers, male and female, who have been selected for promotion. Selection opportunity for officers of the Women's Reserve to grades
47-348 O - 72 - 57 (Pt. 1)
839 72 Stat. 1547. 14 USC 770.
74 Stat. 280.
Eligibility. 72 Stat. 1549,
Selection board, membership requirements.
Recommendat i o n s; method.
Vacancies.
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