Page:United States Statutes at Large Volume 77.djvu/212

 180

PUBLIC LAW 88-130-SEPT. 24, 1963

[77 STAT.

service computed from his date of rank in the grade in which he is serving: "(1) two years in the grade of lieutenant (junior grade); " (2 ^ three years in the grade of lieutenant; "?3) four years in the gtade of lieutenant commander; "(4) four years in the grade of commander; and " (5) three years in the grade of captain. "(b) For the purpose of this section, service in a grade includes all qualifying service in that grade or a higher grade, under either a temporary or permanent appointment. However, service in a grade under a temporary service appointment under section 275 of this title is considered as service only in the grade that the officer concerned would have held had he not been so appointed. "(c) No officer may become eligible for consideration for promotion until all officers of his grade senior to him are so eligible. "(d) Except when his name is on a list of selectees, each officer who becomes eligiole for consideration for promotion to the next higher grade remains eligible so long as he— " (1 ^ continues on active duty; " (2) is not promoted to that grade; and "(3) if serving in a grade l^low captain, has not twice failed of selection for promotion to the next higher grade. ''§258. Selection boards; information to be furnished boards "The Secretary shall furnish the appropriate selection board convened under section 251 of this title with: "(1) the number of officers that the board may recommend for promotion to the next higher grade; and "(2) the names and records of all officers to be considered by the board, with identification of those officers who are in the promotion zone. "§ 259. Officers to be recommended for promotion "(a) A selection board convened to recommend officers for promotion shall recommend those eligible officers whom the board considers best qualified of the officers under consideration for promotion. No officer may be recommended for promotion unless he receives the recommendation of at least a majority of the members of a board composed of five members, or at least two-thirds of the members of a board composed of more than five members. "(b) The number of officers that a board convened under section 251 of this title may recommend for promotion to a grade below rear admiral from among eligible officers junior in rank to the junior officer in the appropriate promotion zone may not exceed— "(1) 6 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of lieutenant or lieutenant commander; "(2) 7V^ percent of the total number of officers that the board is authorized to recommend for promotion to the grade of commander; and "(3) 10 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of captain; unless such percentage is a number less than one, in which case the board may recommend one such officer for promotion. "§260. Selection boards; reports "(a) Each board convened under section 251 of this title shall submit a report in writing, signed by all the members thereof, containing the names of the officers recommended for promotion. "(b) A board convened under section 251 of this title shall certify that, in the opinion of at least a majority of the members if the board

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