Page:United States Statutes at Large Volume 72 Part 1.djvu/1564

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PUBLIC LAW 85-861-SEPT. 2, 1958

[72 S T A T.

'*§ 8361. Commissioned officers: seniority for promotion purposes " (a) For promotion purposes, reserve commissioned oiRcers in any grade are senior to those in any lower grade. "(b) Among reserve commissioned officers in the same reserve grade, seniority for promotion purposes is based on length of service in that grade computed under section 8360(e) of this title. "(c) When seniority determined under subsection (b) is the same, seniority for promotion purposes is based on length of service computed under section 8366(e) of this title. " (d) When seniority determined under subsection (c) is the same, the Secretary of the Air Force shall fix the seniority. "(e) For promotion purposes, the years of service computed under section 8360(e) of this title of a reserve commissioned officer who is returned to an active status are reduced, so far as necessary, so that one year after the date on which he is returned to that status he will not nave more than four years of that service if he is in the reserve grade of first lieutenant, or seven years of that service if he is in the reserve grade of captain or major. "§8362. Commissioned officers: selection boards " (a) Under such regulations and in such number as he may prescribe, the Secretary of the Air Force, or such authority as he directs, shall from time to time appoint and convene selection boards to consider reserve commissioned officers for promotion under this chapter. "(b) Each board shall be composed of at least five members who are senior in regular or reserve grade to, and who outrank, any officer considered by that board. Five members of a board constitute a quorum. So far as practicable, at least one-half of the members of the board must be reserve officers. "(c) A board serves for as long as the Secretary of the Air Force prescribes but not longer than one year. A member may not serve on two consecutive boards for promotions to the same grade, if the second board considers any officers considered but not recommended for promotion by the first. " (d) Each member of a board must swear that he will perform his duties without prejudice or partiality, having in view the special fitnees of officers and the efficiency of the Air Force. "(e) A recommendation for promotion must be made by the majority of the total membership of the board. "(f) An officer eligible for consideration for promotion by a board under this chapter is entitled to send a letter, through official channels, calling attention to any matter of record in the armed forces concerning himself that he considers important to his case. The letter may not criticize any officer or reflect on his character, conduct, or motives. A letter sent under this subsection may not be considered by a selection board unless it is received by the time the board convenes. "§ 8363. Commissioned officers: selection boards; general procedure " (a) An officer in a reserve grade above second lieutenant may not be considered for promotion, or examined for Federal recognition in the next higher grade, until he completes the following number of years of service, computed under section 8360(e) of this title, in his current reserve grade: "(1) First lieutenant—two years. "(2) Captain—four years. "(3) Major—four years. "(4) Lieutenant colonel—three years. "(5) Colonel—one year. "(6) Brigadier general—one year.

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