Page:United States Statutes at Large Volume 70A.djvu/247

189 189 below officers placed on that list by an earlier board. If a deferred officer is promoted upon the recommendation of the next board considering officers of his grade, his first failure does not count as a failure of selection when he is thereafter considered for promotion to another regular grade. (d) A deferred officer who is not recommended by the next selection board considering officers of his grade and promotion list shall— (1) if he is eligible, be retired under section 3913 of this title: (2) if he is not eligible for retirement under section 3913 or this title, but is eligible for retirement under any other provision of law, be retired under that law on the date when he would have been retired under section 3913 of this title if he were eligible; or (3) if he is not eligible for retirement under section 3913 of this title or any other provision of law, be honorably discharged on the date he would have been retired under section 3913 of this title if he were eligible, with severance pay computed by multiplying his years of service, but not more than 12, computed under section 3927(a) of this title, by two months' basic pay of the grade in which he is serving on the date of his discharge. (e) For the purposes of subsection (d)(3), a part of a year that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded. § 3304. Commissioned officers; Army Nurse Corps and Women's Medical Specialist Corps: promotion to first lieutenant, captain, major, or lieutenant colonel (a) Commissioned officers of the Eegular Army in the Army Nurse Corps and the Women's Medical Specialist Corps shall be promoted to the regular grade of first lieutenant upon completing the service prescribed for promotion of promotion-list officers to that grade. (b) Commissioned officers of the Eegular Army in the Army Nurse Corps and the Women's Medical Specialist Corps shall be promoted to the regular grade of captain or eliminated from the active list in the manner prescribed for promotion-list officers in sections 3299^ 3300, and 3303 of this title. (c) Under regulations to be prescribed by the Secretary of the Army, commissioned officers of the Eegular Army in the Army Nurse Corps and the Women's Medical Specialist Corps shall be promoted to the regular grade of major, by selection, to fill vacancies in that grade. (d) Under regulations to be prescribed by the Secretary, commissioned officers of the Eegular Army in the Army Nurse Corps shall be promoted to the regular grade of lieutenant colonel, by selection, to nil vacancies in that grade. § 3305. Commissioned officers: promotion to colonel (a) Having in view the number of actual and anticipated vacancies in any promotion list in the regular grade of colonel and the number of officers desired in that grade on that promotion list, the Secretary of the Army shall furnish to selection boards lists of officers in the regular grade of lieutenant colonel, in order of seniority in regular grade, to be considered by those boards. The Secretary may not furnish the name of any officer to the board unless he furnishes to it the names of all officers above that officer on that promotion list who are

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