Page:United States Statutes at Large Volume 70A.djvu/244

186 186 (b) Vacancies in the grade of first lieutenant on a promotion list may be filled by promoting second lieutenants on that list with less than three years of service, in order of seniority, under regulations prescribed by the Secretary of the Army. §3299.

Commissioned officers: promotion to captain, major, or lieutenant colonel (a) Promotion-list officers shall be promoted to the regular grades of captain, major, and, except as provided in subsection (f), lieutenant colonel, under subsections (b) and (c), or eliminated from the active list under section 3303 of this title. (b) Without regard to vacancies, each promotion-list officer whose regular grade is first lieutenant, captain, or major shall be considered by a selection board for promotion to the next higher regular grade, far enough in advance of the date on which he will complete 7, 14, or 21 years of service with which he is entitled to be credited for promotion, as the case may be, that, if recommended, he may be promoted on the date on which he will complete that service. (c) Having in view the number of actual and anticipated vacancies on a promotion list in the regular grade of captain, major, or lieutenant colonel, the Secretary of the Army may direct a selection board to consider and recommend officers on that list for promotion to the next higher regular grade without regard to length of service. However, no officer may be considered for promotion under this section more than two years before the date on which it is anticipated that he will be promoted if recommended, and unless the same board considers all officers above him on that list who are not on a recommended list. (d) The names of promotion-list officers recommended for promotion under this section shall be carried on permanent recommended lists of their grade and promotion list in the same order among themselves as on the applicable promotion list, and they shall be promoted in that order. A promotion may be made whenever there is a vacancy; but it is not mandatory that the authorized numbers be maintained in any grade on any promotion list. (e) Whenever an officer is promoted under subsection (b), all officers in the same grade and on the same promotion list whose names are on the recommended list above that of the officer who must be promoted because of length of service shall be promoted at the same time and shall retain among themselves their existing seniority. (f) Promotion-list officers of the Women's Army Corps may be promoted to the regular grade of lieutenant colonel only to fill vacancies in that grade and on that promotion list, and only when recommended by a selection board under regulations to be prescribed by the Secretary. (g) A promotion-list officer who has been twice considered and not recommended for promotion to any one regular grade may not again be considered for promotion under this section. §3300.

Commissioned officers: promotion to captain, major, o r lieutenant colonel; selection board procedure (a) When promotion-list officers in the regular grade of first lieutenant, captain, or major are to be considered, under section 3299 of this title, by a selection board for promotion to the next higher regular

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