Page:United States Statutes at Large Volume 52.djvu/987

 PUBLIC LAWS-CH. 598-JUNE 23, 1938 Oath for members of selection boards. Eligibility of officers for consideration by selection boards. Information to be furnished selection boards. Proviso. List for grades of lieutenant command- er or lieutenant. Addressing com- munications with ref- erence to matters of record. Proaso. Reflection upon character, tc., prohib- ited. (b) The board for the recommendation of line officers for promo- tion to the grades of lieutenant commander and lieutenant shall con- sist of nine officers on the active list of the line of the Navy above the rank of commander, not restricted by law to the performance of shore duty only, and shall be appointed by the Secretary of the Navy and convened at least once each year and at such times as the Secre- tary of the Navy may direct. (c) No officer may be a member of two successive selection boards for the consideration of officers for promotion to the same grades. OATHI FOR MEMBERS OF SELECTION BOARDS SEC. 6. Each member of a board provided for in section 5 of this Act shall swear, or affirm, that he will, without prejudice or par- tiality, and having in view both the special fitness of officers and the efficiency of the naval service, perform the duties imposed upon him as herein provided. ELIGIBILTY OF OFFICERS FOR CONSIDERATION BY SELECTION BOARDS SEC. 7. (a) No captain, commander, lieutenant commander, or lieu- tenant who shall have had less than four years' service in the grade in which he is serving and on the promotion list for that grade, on June 30 of the fiscal year of the convening of a board provided for by this Act, or who is not physically qualified, shall be eligible for consideration by that board. (b) No lieutenant (junior grade) who shall have had less than three years' service in the grade of lieutenant (junior grade) on June 30 of the fiscal year of the convening of a board provided for by this Act, or who is not physically qualified, shall be eligible for consideration by that board. INFORMATION TO BE FURNISHED SELECTION BOARDS SEC. 8. (a) The Secretary of the Navy shall furnish the appro- priate selection board with (1) an estimate of the number of vacan- cies which will occur before the end of the next succeeding fiscal year, in each grade or grades for which the board will recommend officers for promotion, in excess of the number of officers then on the promotion list; (2) the nanes of all officers eligible for consideration for promotion to each grade or grades to which the board will recom- mend officers for promotion; and (3) the records other than medical of all such officers; (4) a statement, as directed by the President, as to the percentage of the officers adjudged fitted for promotion as hereinafter provided, which should be continued on the active list to meet the immediate requirements of the Navy: Provided, That, after one year from the date of approval of this Act, a list of names furnished by the Secretary of the Navy of officers eligible for con- sideration for promotion to the grade of lieutenant commander or to the grade of lieutenant, exclusive of those previously considered, shall in no case contain a number of names greater than double the number of estimated vacancies certified for the grade concerned. (b) Any officer eligible for consideration for selection shall have the right to forward through official channels at any time not later than ten days after the convening of said board a written com- munication inviting attention to any matter of record in the Navy Department concerning himself which he deems important in the consideration of his case: Provided, That such communication shall not contain any reflection upon the character, conduct, or motives of or criticism of any officer. 946 [52 STAT.

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