Page:United States Statutes at Large Volume 72 Part 1.djvu/1542

 1500

PUBLIC LAW 85-861-SEPT. 2, 1958

[72 S T A T,

consider officers of his grade for promotion to the next higher grade and may be promoted under this chapter even though he is on a lineal list at the time of his selection and promotion. " (d) A reserve officer who has been recommended for promotion in the approved report of a selection board convened under this chapter, and who is placed on a lineal list before he is promoted, may be promoted under this chapter, notwithstanding the fact that he is on a lineal list at the time of promotion. "(e) A reserve officer who has been recommended for promotion in the approved report of a selection board convened under chapter 54.3 of this title and who is removed from the lineal list before he is promoted may be promoted under this chapter, notwithstanding the fact that he was on a lineal list when selected for promotion. "(f) A reserve officer whose name was furnished to a selection board 571° " ^ ^ ^^°^" convened under chapter 543 of this title, and who is removed from the lineal list before the corresponding selection board is convened under this chapter to consider officers of his grade for promotion to the next higher grade, is ineligible for consideration by the latter board. "Each year the Secretary of the Navy shall prescribe the number of officers in each grade in the Naval Reserve and the Marine Corps Reserve that may be promoted in that year to the next higher grade under this chapter. He shall prescribe for each grade the number that he determines to be necessary to provide— "(1) equitable opportunity tor promotion among succeeding groups of reserve officers; and "(2) an adequate continuing strength of reserve officers in an active status. However, the Secretary may not prescribe numbers that will cause the number of reserve officers in an active status holding permanent appointments in any grade to exceed the number authorized for that grade in section 5457 or section 5458 of this title. With respect to the numbers of reserve officers in the staff corps that may be promoted, the Secretary shall prescribe numbers that will cause the relationship between line and staff corps officers in an active status in the Naval Reserve to conform to that prescribed for line and staff corps officers on the active list of the Navy. "§ 5893. Selection boards: composition " (a) The Secretary of the Navy, or such other authority as he directs, shall appoint and convene selection boards, each consisting of at least live officers, to consider for promotion to the next higher grade— "(1) officers of the Naval Reserve in each grade above ensign and below rear admiral; and "(2) officers of the Marine Corps Reserve in each grade above second lieutenant and below major general. " (b) At least half the members of each selection board convened under this section must be reserve officers so far as practicable. All members of each board must be senior in both permanent and temporary grade to all officers that are to be considered by the board. A n officer may not serve on two consecutive boards to consider officers for promotion to the same grade if the second of the two is to consider any officer who was considered and not recommended for promotion to that grade by the first board. Selection boards convened under this section may serve for as long as the Secretary prescribes, but not longer than one year. " (c) Regardless of the number of officers appointed to a board under this section, five officers constitute a quorum. However, at least
 * '§ 5892. Numbers that may be promoted

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