Page:United States Statutes at Large Volume 70A.djvu/412

354 354 this title and in order best to assure to individuals in succeeding years equality of opportunity for promotion. The Secretary shall determine the number in the zone on the basis of a consideration of the number of vacancies estimated for the next higher grade in each of the next five years, the number of officers who will be eligible for selection in each of those years, and the terms of service that those officers will have completed. § 5765. Marine Corps; male officers: promotion zones (a) The Secretary of the Navy shall establish the promotion zone for officers of the Marine Corps serving in the grade of brigadier general not restricted in the performance of duty at the time he convenes a selection board under chapter 543 of this title to consider officers in that grade for recommendation for promotion to the grade of major general. The promotion zone shall be composed of that number of the most senior such officers under consideration, who are eligible for selection for promotion to the next higher grade and who have not previously failed of such selection, that must either be selected for promotion by the particular board or be considered as having failed of such selection, in order to maintain a flow of promotion consistent with the needs of the service and in order best to assure to individuals in succeeding years equality of opportunity for promotion. The Secretary shall determine the number in the zone on the basis of a consideration of the number of vacancies estimated for the grade of major general in each of the next five years and the number of officers who will be eligible for selection to that grade in each of those years. (b) The Secretary shall establish a promotion zone in each grade below brigadier general for male officers of the Marine Corps not restricted in the performance of duty at the time he convenes a selection board under chapter 543 of this title to consider officers in that grade for recommendation for promotion to the next higher grade. The promotion zone in each grade shall be composed of.that number of the most senior such officers under consideration, who are eligible for selection for promotion to the next higher grade and who have not previously failed of such selection, that must either be selected for promotion by the particular board or be considered as having failed of such selection, in order to maintain a flow of promotion consistent with the terms of service set out in section 5768 of this title and in order best to assure to individuals in succeeding years equality of opportunity for promotion. The Secretary shall determine the number in the zone on the basis of a consideration of the number of vacancies estimated for the next higher grade in the next five years, the number of officers eligible for selection in each of those years, and the terms of service which those officers will have completed. (c) The promotion zone in any grade below colonel for male officers designated for supply duty is composed of all male officers in that grade designated for supply duty who have not previously failed of selection for promotion to the next higher grade and who are senior to the junior officer in the corresponding promotion zone for male officers in the Marine Corps not restricted in the performance of duty. (d) The Secretary shall establish a promotion zone in each grade for male officers of the Marine Corps designated for limited duty at the time he convenes a selection board under chapter 543 of this title

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