Page:United States Statutes at Large Volume 108 Part 4.djvu/389

 PUBLIC LAW 103-337—OCT. 5, 1994 108 STAT. 3023 United States Code (as added by this title), and, at the end of the approved period of decHnation, shall be considered to have failed of promotion if the officer again declines to accept the promotion. (g) COVERED OFFICERS. — T h is section applies to reserve officers of the Army and Air Force who— (1) on the day before the effective date of this title are in an active status; and (2) on the effective date of this title are subject to placement on the reserve active-status list of the Army or the Air Force. SEC. 1683. EFFECTS OF SELECTION FOR PROMOTION AND FAILURE 10 USC 14001 OF SELECTION FOR NAVY AND MARINE CORPS OFFICERS, note. (a) RECOMMENDATIONS FOR PROMOTION. —An officer covered by this section who, on the day before the effective date of this title, has been recommended for promotion to a reserve grade higher than the grade in which the officer is serving shall be considered to have been recommended for promotion to that grade under section 14101(a) of title 10, United States Code, as added by this title. (b) FAILURES OF SELECTION. —An officer covered by this section who, on the day before the effective date of this title is considered to have failed of selection for promotion one or more times under chapter 549 of title 10, United States Code, to a grade below captain, in the case of a reserve officer of the Navy, or to a grade below colonel, in the case of a reserve officer of the Marine Corps, shall be subject to chapters 1405 and 1407 of title 10, United States Code, as added by this title, as if such failure or failures had occurred under the provisions of those chapters. (c) OFFICERS OTHER THAN COVERED OFFICERS RECOMMENDED FOR PROMOTION. — A reserve officer of the Navy or Marine Corps who on the day before the effective date of this title (1) has been recommended for promotion in the approved report of a selection board convened under chapter 549 of title 10, United States Code, and (2) was on the active-duty list of the Navy or Marine Corps may be promoted under that chapter, as in effect on the day before the effective date of this title. (d) OFFICERS FOUND QUALIFIED FOR PROMOTION TO LIEUTENANT (JUNIOR GRADE) OR FIRST LIEUTENANT.— ^A covered officer who, on the effective date of this title, holds the grade of second lieutenant and has been found qualified for promotion in accordance with section 5908 or 5910 of title 10, United States Code, as in effect on the day before the effective date of this title, shall be promoted on the date on which the officer would have been promoted under the provisions of chapter 549 of such title, as in effect on the day before the effective date of this title, unless sooner promoted under regulations prescribed by the Secretary of the Navy under section 14307(b) of such title, as added by this title. (e) OFFICERS WHOSE NAMES HAVE BEEN OMITTED FROM A LIST FURNISHED TO A SELECTION BOARD.— ^A covered officer whose name, as of the effective date of this title, had been omitted by administrative error from the list of officers furnished the most recent selection board to consider officers of the same grade and component, shall be considered by a special selection board established under section 14502 of title 10, United States Code, as added by this title. If the officer is selected for promotion by that board, the officer shall be promoted as specified in section 5904

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