Page:United States Statutes at Large Volume 108 Part 4.djvu/315

 PUBLIC LAW 103-337—OCT. 5, 1994 108 STAT. 2949 "(3) If the report of a special selection board convened under this section, as approved by the President, recommends for promotion to the next higher grade an officer not currently eligible for promotion or a former officer whose name was referred to it for consideration, the Secretary concerned may act under section 1552 of this title to correct the military record of the officer or former officer to correct an error or remove an injustice resulting from not being selected for promotion by the board which should have considered, or which did consider, the officer. "(f) TIME LIMITS FOR CONSIDERATION.—The Secretary of Regulations. Defense may prescribe by regulation the circumstances under which consideration by a special selection board is contingent upon application for consideration by an officer or former officer and time limits within which an officer or former officer must make such application in order to be considered by a special selection board under this section. "(g) LIMITATION OF OTHER JURISDICTION.— NO official or court of the United States shall have power or jurisdiction— "(1) over any claim based in any way on the failure of an officer or former officer of the armed forces to be selected for promotion by a selection board convened under chapter 1403 of this title until— "(A) the claim has been referred to a special selection board by the Secretary concerned and acted upon by that board; or "(B) the claim has been rejected by the Secretary without consideration by a special selection board; or "(2) to grant any relief on such a claim unless the officer or former officer has been selected for promotion by a special selection board convened under this section to consider the officer's claim. "(h) JUDICIAL REVIEW.— (1) A court of the United States may review a determination by the Secretary concerned under subsection (a)(1), (b)(1), or (e)(3) not to convene a special selection board. If a court finds the determination to be arbitrary or capricious, not based on substantial evidence, or otherwise contrary to law, it shall remand the case to the Secretary concerned, who shall provide for consideration of the officer or former officer by a special selection board under this section. "(2) If a court finds that the action of a special selection board which considers an officer or former officer was contrary to law or involved material error of fact or material administrative error, it shall remand the case to the Secretary concerned, who shall provide the officer or former officer reconsideration by a new special selection board. "(i) DESIGNATION OF BOARDS. —The Secretary of the military department concerned may designate a promotion board convened under section 14101(a) of this title as a special selection board convened under this section. A board so designated may function in both capacities. "§14503. Discharge of officers with less than five years of commissioned service or found not qualified for promotion to first lieutenant or lieutenant (junior grade) "(a) AUTHORIZED DISCHARGES.—The Secretary of the mihtary department concerned may discharge any reserve officer who—

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