Page:United States Statutes at Large Volume 68 Part 1.djvu/1190

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PUBLIC LAW 773-SEPT. 3, 1954

[68 S T A T.

tion may be promoted at any time to fill a vacancy, but it is not mandatory that the authorized number in these grades be maintained. METHOD OF SELECTION AND ORDER OF PROMOTION

SEC. 314. (a) When nonunit officers are considered for promotion under sections 309, 310, 312, or 313, the names of officers assigned to each special branch will be placed on a separate zone of consideration list for, or considered for promotion for service in, that branch, and the names of all other officers will be placed on a zone of consideration list or considered for promotion without regard to the branch to which they are assigned. The convening officer will refer each zone of consideration list to a selection board for consideration. (b) A selection board will employ one of the following means of selection, as directed by the Secretary— (1) When officers are being considered under section 310, he may require the board to recommend those referred to it whom it considers fully qualified for promotion, and to report those whom it considers not fully qualified for promotion; (2) When officers are being considered under section 309, he may require the board to consider the officers referred to it in the order of length of promotion service, to recommend those considered fully qualified for promotion, and to pass over and report those whom it considers not fully qualified for promotion, and to continue such procedure until the number of officers specified by him is recommended; and (3) In lieu of the means prescribed in (1) or (2), he may require the board to recommend a specified number of officers whom the board considers the best qualified of those referred to it for consideration. When officers are considered for promotion to the grade of captain, major, or lieutenant colonel under the means prescribed in subsection (b)(3) the selection board shall recommend for promotion a minimum of 80 per centum of those officers referred to it for consideration. (c) Except as provided in subsection (d), when a nonunit officer is recommended for promotion under sections 309,310, or 312— (1) if assigned to a special branch, he may not be promoted before a nonunit officer of the same grade and branch who has more promotion service and has been recommended for promotion; or (2) if not assigned to a special branch, he may not be promoted before a nonunit officer of the same grade not assigned to a special branch who has more promotion service and has been recommended for promotion. (d) For the purpose of administering subsection (c) — (1) the Secretary shall prescribe by regulations the order in which officers having the same promotion service shall be promoted; (2) the promotion of an officer, otherwise eligible for promotion, will not be withheld because of the delay under section 311 of the promotion of an officer with more promotion service; and (3) an officer who has completed the total years of service required for his grade by section 315(a) may be promoted before an officer Avho has not completed the required total years of service. TOTAL YEARS OF SERVICE REQUIRED FOR FIRST N O N U N I T PROMOTION

SEC. 315. (a) A Reserve officer in a grade indicated below on the effective date of this Act may not be promoted for the first time under

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