Page:United States Statutes at Large Volume 68 Part 1.djvu/1188

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PUBLIC LAW 773~SEPT. 3, 1954

[68 S T A T.

designates to be qualified for promotion shall be promoted, effective on the date he has three years of promotion service, regardless of a vacancy in the grade of first lieutenant. GRADE STRUCTURE VACANCIES—^PROMOTION TO C A F I A I N, M A J O R, A N D L I E U T E N A N T COLONEL

SEC. 309. (a) When the Secretary determines that there are existing or anticipated vacancies within the numbers authorized pursuant to section 307(b)(2)(i) or (ii) for the grades of captain, major, or lieutenant colonel, he may appoint and convene one or more selection boards to consider and recommend nonunit officers of the Army Keserve for promotion to fill the vacancies. The Secretary shall prescribe for each zone of consideration list established under section 314 (a) the minimum promotion service an officer of the appropriate branch must have to be placed thereon, and shall require that the nonunit officers with the prescribed promotion service and the total years of service required by section 315(b) be placed thereon. H e shall also prescribe the number of officers to be recommended for promotion from each list. (b)Upon attaining the total years of service required by section 315 (a), an officer recommended for promotion under this section may be promoted at any time to fill a vacancy, but it is not mandatory that the authorized number in these grades be maintained. (c) Women's Medical Specialist Corps or Army Nurse Corps Reserve officers in the grade of captain or higher and Women's Army Corps Reserve officers in the grade of major may not be considered for promotion under this section. MANDATORY CONSIDERATION MAXIMUM SERVICE I N GRADE—^PROMOTION TO C A P T A I N, M A J O R, A N D L I E U T E N A N T COLONEL

SEC. 310. (a) Regardless of a vacancy in the next higher grade, each nonunit officer of the Army Reserve in the grade of first lieutenant, captain, or major who has not previously been considered by a selection board under this section or section 309 shall be considered by a selection board sufficiently in advance of the date he will have, respectively, four, seven, or seven years of promotion service and the total years of service required by section 315(a) so that, if recommended by the board, he may be promoted, effective on the date he has that service. (b) Women's Medical Specialist Corps or Army Nurse Corps Reserve officers in the grade of captain or higher and Women's Army Corps Reserve officers in the grade of major may not be considered for promotion under this section. (c) When he has the total years of service required by section 315 (a), an officer recommended for promotion under this section may be promoted at any time to fill a vacancy. If not sooner promoted, he shall be promoted, effective on the date he has four, seven or seven years of promotion service, respectively, and the total years of service required by section 315(a), regardless of a vacancy in the grade for which recommended. (d) An officer in the grade of first lieutenant, captain, or major who becomes a nonunit officer upon transfer from an inactive status or from the National Guard of the United States or upon release from a unit in the Army Reserve, after he has promotion service equal to or greater than that required for consideration under subsection (a) and the total years of service required by section 315(b), shall be considered by the next appropriate selection board, and, if recommended for promotion, shall be promoted on the date the board reports its recom-

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