Page:United States Statutes at Large Volume 73.djvu/375

 73 S T A T. ]

PUBLIC LAW 86-155-AUG. 11, 1959

387

Corps. The senior officer and the junior officer in a zone of consideration shall be designated by the Secretary. All officers junior to the senior officer and senior to the junior officer in a zone of consideration shall be in the zone of consideration. The zone of consideration for officers designated for supply duty shall consist of those officers who are junior to the senior officer and senior to the junior officer in the corresponding zone of consideration for officers not restricted in the performance of duty. Only officers who are in a zone of consideration or who are senior thereto may be considered by the selection board. Notwithstanding any other provision of law except the second sentence of subsection (c) of this section, the selection board may recommend as best fitted for promotion, from among the officers who are in or senior to a zone of consideration, the number of officers serving in the grade of major that the board is authorized to recommend for promotion to the grade of lieutenant colonel. An officer who is included within a zone of consideration but is not Avitliin or senior to a promotion zone and who is not selected for promotion is not considered as having failed of selection for any purpose. (b) Whenever a zone of consideration is established for the grade of major pursuant to this section the term "promotion zone" as used in section 5759(b) of title 10, United States Code, is synonymous with the term "zone of consideration". (c) Notwithstanding the last sentence of section 5765(b) of title 10, United States Code, the Secretary shall, until December 81, 1964, determine the number of officers of the Marine Corps in a promotion zone for promotion to lieutenant colonel on the basis of a consideration of the number of vacancies estimated for the grade of lieutenant colonel in the next five years, the required number of vacancies in the OTade of major, and the age and service characteristics of the officers m the grade of major. The Secretary may, until December 81, 1964, specify the maximum number of officers who may be recommended for promotion to the grade of lieutenant colonel from within and above a promotion zone established under section 5765 of title 10, United States Code. That portion of section 5765(b) of title 10, United States Code, which reads "in order to maintain a flow of promotion consistent with the terms of service set out in section 5768 of this title and" is suspended until December 31, 1964, for the grade of major. SEC. 5. The President may suspend any provision of section 1 or 4 of this Act during a war or national emergency hereafter declared. Such a suspension may not continue beyond June 80 of the fiscal year following that in which the war or national emergency ends. SEC. 6. Section 6887(b)(2) of title 10, United States Code, is amended by striking out the words "is, or at any time has been," and inserting the words "has been continuously" in place thereof. SEC. 7. No officer of the Navy in the Medical Corps, the Dental Corps, the Medical Service Corps, or the Nurse Corps is subject to the provisions of this Act during the effective period of the Act of June 27, 1957, Public Law 85-62 (71 Stat. 208), as now or hereafter, J J

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70Astat. 349. 70A Stat. 354.

7OA Stat. 3S4. ^^^ s'"*- ^^6.

7OA Stat. 408.

so u s e a pp.

454 note.

amended. SEC. 8. Section 1 of this Act shall have no further force or effect after June 30, 1965. SEC. 9. (a) Chapter 561 of title 10, United States Code, is eieS "^"^ ^ ^'*'" amended— (1) by repealing section 6150- and (2) by striking out the following item in the analysis: "6150. Higher retired grade foe retired officers specially commended."

(b) This section becomes effective on November 1, 1959.

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