Page:United States Statutes at Large Volume 72 Part 1.djvu/1516

 1474

PUBLIC LAW 85-861-SEPT. 2, 1958

[72 S T A T.

" (D) continue this procedure until the number of officers specified by him is recommended. "(2) Recommend a number specified by him whom it considers to be the best qualified of those officers referred to it. If the method prescribed in clause (2) is used, the number recommended by the selection board must be at least 80 percent of the officers listed for consideration. " (d) This section does not apply to the promotion to a grade above captain of reserve officers of the Army Nurse Corps or the Army Medical Specialist Corps, or to the promotion to a grade above major of reserve officers of the Women's Army Corps. "(e) If an officer of the Army National Guard of the United States is found qualified for promotion under this section, section 3390 of this title applies in place of the examination for Federal recognition in the grade for vs^hich found qualified. "§3368. Commissioned officers: promotion of first lieutenants, captains, and majors not assigned to units; second consideration "An officer in the reserve grade of first lieutenant, captain, or major who is considered, but not recommended, by a selection board under section 3366 or 3367 of this title shall, if he remains in an active status, be placed on the next zone of consideration list established under either of those sections for the consideration of officers of his branch and grade. If he is again considered under section 3366 of this title and is recommended for promotion, he shall be promoted one year after the date on which he would have been promoted if he had been recommended by the board that first considered him. However, if, upon second consideration under either section, he is not recommended for promotion, he may not thereafter be considered for promotion or examined for Federal recognition and shall be treated as prescribed in section 3846 of this title. "§ 3369. Commissioned officers: Army Reserve; first promotion of officers not assigned to unit after transfer from unit or from Army National Guard of United States "A reserve officer in a grade named in the following table who, upon transfer from the Army National Guard of the United States or upon release from a unit in the Army Reserve, is in an active status and is not assigned to a unit organized to serve as a unit, or who is on active duty (other than for training) may not be promoted to a higher reserve grade for the first time after that transfer or release, or entrance on active duty, as the case may be, until he completes the following service:

"Grade

Years of service computed under sec. 3360 (c'l of this title

First lieutenantCaptain Major..Lieutenant colonel or higher.

"§ 3370. Commissioned officers: officers not assigned to units; promotion to field g r a d e in certain cases " (a) Whenever the Secretary of the Army determines that, within the distribution of officers not assigned to units, there are existing or anticipated vacancies in the reserve grade of— "(1) major in the Army Nurse Corps or the Army Medical Specialist Corps;

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