Page:United States Statutes at Large Volume 72 Part 1.djvu/1567

 72

STAT.]

PUBLIC LAW 85-861-SEPT. 2, 1958

'*§8367. Commissioned officers: promotion to captain, major, or lieutenant colonel; selection board procedure " (a) When officers in the reserve grade of tirst lieutenant, captain, or major are to be considered, under section 8366 of this title, by a selection board for promotion to the next higher grade to till existing or anticipated vacancies, the Secretary of the Air Force may direct the board to— ''(1) consider otKcers whose names are referred to it in the order of their seniority; "(2) recomnuMid those who are fully qualified for promotion; •*(.'i) pass over those not so qualitied; and '•(^4) rontinue this procedure until the number of officers specified by him is recommended. ''(b) When an officer in the reserve orade of first lieutenant, captain, or major must be considered under section 8366(a) of this title for promotion because of length of service, the Secretary may— "(1) furnish to the board a list of officers to be considered for promotion to the grade concerned; and "(2) direct the board to recommend the officers on that list whom it considers fully qualified for promotion. "(c) In place of the procedure prescribed in subsection (a) or (b), the Secretary may furnish to the board a list of officers to be considered and may direct the board to recommend a number specified by him for promotion. The board shall recommend those officers whom it considers to be the best qualified. However, the number recommended by the selection board must be at least 80 percent of those listed for consideration. '*§ 8368. Commissioned officers: effect of failure of promotion to captain, major, or lieutenant colonel " (a) In this chapter, 'deferred officer' means any of the following officers who has been considered, for the first time under this chapter, by a selection board for promotion to the next grade higher than his current reserve grade but not recommended for that promotion, or who has been examined for the first time for Federal recognition in the next grade higher than his current reserve grade, but found not qualified for that recognition: "(1) An officer in the reserve grade of first lieutenant. "(2) An officer in the reserve grade of captain, other than a female Air Force nurse or medical specialist. "(3) An officer in the reserve grade of major, other than a female Air Force nurse or medical specialist or a female officer who is not designated under section 8067 of this title or appointed in the Air Force with a view to designation under that section. '•(b) The years of service computed under sections 8360(e) and 8366 (e) of this title, with which a deferred officer is credited shall be reduced, if necessary, so that one year after the date on which he would have been promoted if he had been recommended by a selection board he will not have more than four years of service computed under section 8360(e) of this title 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. For the purpose of this subsection, the date on which a deferred officer would have been promoted had he been recommended is the earlier of the following dates— "(1) the earliest date of appointment in the next higher reserve grade of any officer who, before the deferred officer's loss of seniority, was junior to him; or "(2) the date on which he would have completed the amount of service prescribed in columns 2 and 3 of section 8366(a) of this

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