Page:United States Statutes at Large Volume 72 Part 1.djvu/1517

 72 S T A T. ]

PUBLIC LAW 85-861--SEPT. 2, 1958

"(2) lieutenant colonel in the Army Nurse Corps or the Women's Army Corps; or "(3) colonel in any other branch; he may convene a selection board to consider and recommend, to fill those vacancies, reserve officers who are in an active status and who are not assigned to units organized to serve as units and reserve officers who are on active duty (other than for training). " (b) The Secretary shall prescribe for each zone of consideration list established under section 3364 of this title the amount of service computed under section 3360(b) of this title that an officer of the branch concerned must have to be placed on it for consideration under this section. The Secretary shall require that each officer with that amount of service be placed on that list. He shall prescribe the number to be recommended for promotion from each list. "(c) A selection board considering officers under this section shall recommend the prescribed number of officers whom it considers to be the best qualified. " (d) Subject to section 3380 of this title, an officer recommended for promotion under this section may be promoted whenever there is a vacancy, but it is not mandatory that the authorized number be maintained in any grade. "(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 which found qualified. "§3371. Commissioned officers: promotion of brigadier generals and colonels not assigned to units " (a) Whenever vacancies are authorized or anticipated in the Army Reserve in the reserve grades of major general or brigadier general for officers who are in an active status and who are not assigned to units organized to serve as a unit or for officers Avho are on active duty (other than for training), the Secretary of the Army may convene a selection board to consider those officers who are in the reserve grade of brigadier general or colonel, as the case may be, for promotion and prescribe the number to be promoted. Only officers who have at least two years of service computed under section 3360(b) of this title and who meet standards prescribed by the Secretary may be considered by a selection board under this section. "(b) The selection board shall recommend the prescribed number of those officers whom it considers to be the best qualified. "(c) Subject to section 3380 of this title, an officer recommended for promotion under this section may be promoted whenever there is a vacancy, but it is not mandatory that the authorized number be maintained in any grade. " (d) 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 which found qualified. "§3375. Commissioned officers: generals ceasing to occupy commensurate positions "Within 30 days after an officer in a reserve general officer grade ceases to occupy a position commensurate with his grade or with a higher grade, the Secretary of the Army shall, as the officer elects— "(1) transfer him in grade to the Retired Reserve, if he is qualified and applies therefor; "(2) transfer him in grade to the inactive status list of the Standby Reserve, if he is qualified;

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