Page:United States Statutes at Large Volume 70A.djvu/245

187 187 grade to fill existing or anticipated vacancies, the Secretary of the Army may direct the board to— (1) consider officers in the specified grade in the order of their seniority on the promotion list concerned; (2) recommend those who are fully qualified for promotion; (3) pass over those not so qualified; and (4) continue this procedure until the number of officers specified by him is recommended. (b) When a promotion-list officer in the regular grade of first lieutenant, captain, or major must be considered under section 3299 of this title for promotion because of length of service, or because he is on a promotion list above an officer who must be considered for that reason, the Secretary may— (1) furnish the board a list of officers to be considered for promotion to the grade concerned; and (2) direct the board to recommend the officers on that list whom it considers fully qualified for promotion. (c) Instead of the procedures set forth in subsection (a) or (b), the Secretary may furnish to the board a list of promotion-list officers to be considered and may direct it to recommend a number specified by him for promotion. The board shall recommend those officers whom it considers to be the best qualified. However, the number prescribed by the Secretary for recommendation must be at least 80 percent of those listed for consideration.

§ 3302. Commissioned officers; Medical, Dental, and Veterinary Corps: promotion to captain, major, or lieutenant colonel; professional examination

(a) No commissioned officer of the Medical Corps or the Veterinary Corps whose regular grade is below lieutenant colonel may be promoted in the Regular Army until he passes an examination of his professional fitness before an examining board composed of at least three commissioned officers of the Regular Army in the Medical Corps selected by the Secretary of the Army. No commissioned officer of the Dental Corps whose regular grade is below lieutenant colonel may be promoted in the Regular Army until he passes an examination of his professional fitness before an examining board composed of one commissioned officer of the Regular Army in the Medical Corps, and two commissioned officers of the Regular Army in the Dental Corps, selected by the Secretary. The examination shall be prescribed by the Secretary and shall be held at such time before the right to promotion accrues as may be in the best interest of the Army. (b) If an officer of the Medical, Dental, or Veterinary Corps in the regular grade of first lieutenant or captain is found disqualified for promotion by the examining board, the Secretary shall detail a board of review to consider the findings of the examining board. (c) A board of review shall be composed in the same manner as an examining board, except that its members must be senior in rank to the officer examined, and must not have served on the examining board that examined him. (d) If the board of review concurs in the findings of the examining board, the officer shall be honorably discharged with one year's pay. If it does not concur in the findings, the officer shall be considered qualified and shall be promoted.

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