Page:United States Statutes at Large Volume 68 Part 1.djvu/1201

 68 S T A T. ]

to which promoted and shall be allowed the pay and allowances of the higher grade for duty performed from the date of the vacancy that such running mate was promoted to fill; and (2) an officer of the Marine Corps Reserve shall have, on promotion, the same date of rank which has been, or in due course will be, given the officer who is to be his running mate in the grade to which promoted, or, if considered for promotion by reason of being senior to a Reserve officer on active duty in the promotion zone, the same date of rank as that Reserve officer; and shall be allowed the pay and allowances of the higher grade for duty performed from the date he became eligible for promotion. SEC. 407. (a) This title shall apply only to a Reserve officer in an active status. However, the provisions of this title relating to eligibility for consideration by a selection board for promotion shall not apply to any such officer whose name was furnished by the Secretary of the Navy to the immediately preceding selection board appointed to recommend officers on active duty in the Navy or Marine Corps for promotion to the grade next higher than that of the officer concerned, (b) Notwithstanding subsection (a), any Reserve officer who has been selected for promotion under any law, and whose status with respect to active duty has been changed prior to his promotion, shall be eligible for promotion under the provisions of this Act. SEC. 408. (a) No Reserve officer shall be promoted to a higher grade until he has qualified therefor by such moral, professional, and physical examinations as the Secretary may prescribe, and until he has attained the minimum number of points prescribed by the Secretary with the approval of the Secretary of Defense. The physical standards for promotion shall be the same as those which may be prescribed for retention in the Naval Reserve or Marine Corps Reserve. (b) Subsection (a) of this section shall not exclude from the promotion to which he would otherwise be regularly entitled any Reserve officer in whose case a medical board may report that his physical disqualification for duty at sea or in the field was occasioned by wounds received in the line of duty, and that such wounds do not incapacitate him for other duties in the grade to which he shall be promoted. SEC. 409. The President may remove the name of any Reserve officer from the promotion list. An officer whose name is so removed from the promotion list, or one whose appointment is rejected by the Senate, shall continue to be eligible for consideration for recommendation for promotion. The next ensuing selection board may recommend the officer concerned for promotion, and thereupon, with the approval of the President, the name of such officer shall be replaced on the promotion list without prejudice by reason of its having been temporarily removed therefrom, and when promoted such officer shall take the same lineal rank and date of rank that he would have had had his name not been so removed. If such officer is not so recommended by such next ensuing selection board or if the President shall again remove his name from the promotion list or if the Senate shall again reject his appointment, he shall be held for all purposes to have twice failed of selection for promotion. SEC. 410. Reserve officers in each grade shall take precedence among themselves and with officers of the same grades of the corresponding regular component in accordance with the dates of rank stated in their commissions. When Reserve and Regular officers of the same grade have the same date of rank they shall take precedence among themselves as determined by the Secretary. SEC. 411. (a) A Reserve officer who is eliminated from an active status under this section—

.39777 O—55—pt. 1-

1169

PUBLIC LAW 773-SEPT. 3, 1954

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Applicability of title.

Qu a 1 i f icationis for promotion.

R e m o v a l by President o r r e jection by Senate.

Precedence.

Attrition.

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