Page:United States Statutes at Large Volume 102 Part 2.djvu/962

 102 STAT. 1966

PUBLIC LAW 1 0 0 - 4 5 6 - S E P T. 29, 1988

lines as part of a written explanation to the board as provided in that section.". (b) RECOMMENDATIONS FOR PROMOTION.—Section 616(a) of such 10 USC 616. title is amended by inserting "(as noted in the guidelines or information furnished the board under section 615(a) of this title)" after "particular skills". (c) REPORTS OF SELECTION BOARD.—Section 617(aK2) of such title is amended by inserting "(as noted in the guidelines or information furnished the board under section 615(a) of this title)" after "concerned". (d) ACTION ON REPORTS.—(1) Subsection (a) of section 618 of such title is amended to read as follows: "(a)(1) Upon receipt of the report of a selection board submitted to him under section 617(a) of this title, the Secretary of the military department concerned shall review the report to determine whether the board has acted contrary to law or regulation or to guidelines furnished the board under section 615(a) of this title. Following such review, unless the Secretary concerned makes a determination as described in paragraph (2), the Secretary shall submit the report as required by subsection (b) or (c), as appropriate. "(2) If, on the basis of a review of the report under paragraph (1), the Secretary of the military department concerned determines that the board acted contrary to law or regulation or to guidelines furnished the board under section 615(a) of this title, the Secretary shall return the report, together with a written explanation of the basis for such determination, to the board for further proceedings. Upon receipt of a report returned by the Secretary concerned under this paragraph, the selection board (or a subsequent selection board convened under section 611(a) of this title for the same grade and competitive category) shall conduct such proceedings as may be necessary in order to revise the report to be consistent with law, regulation, and such guidelines and shall resubmit the report, as revised, to the Secretary in accordance with section 617 of this title.". (2) Subsection (c)(1) of such section is amended— (A) by striking out ", modification,"; and (B) by adding at the end the following: "If the authority of the President under this paragraph to approve or disapprove the report of a selection board is delegated to the Secretary of Defense, it may not be redelegated except to an official in the Office of the Secretary of Defense.". 10 USC 615 note. (e) EFFECTIVE DATE.—The amendments made by this section shall take effect 60 days after the date of the enactment of this Act and shall apply with respect to selection boards convened under section 611(a) of title 10, United States Code, on or after that effective date.

President of U.S. 10 USC 5905 "°*®-

SEC. 502. REMOVAL FROM PROMOTION LIST (a) AUTHORFTY To REMOVE.—The first sentence of section 5905(a) of title 10, United States Code, is amended to read as follows: "The President may remove the name of any reserve officer from a promotion list established under this chapter.". (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to removal actions taken by the President on or after the date of the enactment of this Act.

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