Page:United States Statutes at Large Volume 77.djvu/223

 77 STAT. ]

PUBLIC LAW 88-130-SEPT. 24, 1963

(c) Officers who, prior to the effective date of this Act, were considered but not selected for retention on active duty under the provisions of section 248, title 14, United States Code, shall remain subject to the provisions of subsections (b) and (c) of that section. I N T E R I M PROVISIONS

SEC. 3. (a) For a period of three years following the effective date of this Act, or until July 1, 1966, whichever is longer, the Secretary of the Treasury may, whenever the needs of the service require but not more than once annually, convene boards to recommend for continuation on active duty officers of the Coast Guard on the active duty promotion list in the following categories: (1) officers serving in the grade of captain who have not been selected for promotion to the grade of rear admiral and who are not subject to retirement under section 288 of title 14, United States Code, during the fiscal year in which a board is convened under this section, and (2) officers serving in the grade of commander. (b) Officers who are selected for promotion after the effective date of this Act and officers who are serving as extra numbers in grade under section 432 or 433, title 14, United States Code, may not be considered by boards convened under this section. (c) No officer may be considered more than once for continuation on active duty by a board convened under this section. (d) A t the time he convenes a board to recommend officers for continuation on active duty under this section, the Secretary shall establish a continuation zone for the category to be considered. The continuation zone for each category shall consist of the most senior officers of that category who have not previously been considered for con tinuation under this section. The zone shall include such number of officers as the Secretary determines to be necessary to meet the needs of the service. (e) The Secretary shall furnish a board convened under this section with the names and records of the officers who shall be considered by the board, and, based on the needs of the service, the number of officers that may be recommended for continuation on active duty. I n the case of officers serving in the grade of captain this number shall not be less than 90 percent of the total number of captains in the continuation zone. I n the case of officers serving in the grade of commander this number shall not be less than 80 percent of the total number of commanders in the continuation zone. (f) A board convened under this section shall consist of six or more officers who are serving on active duty in any grade above the grade being considered for continuation. (g) Before a board is convened under this section, notice of the convening date, the zone to be considered, and the number of officers to be continued on active duty shall be given the service at large. Any officer to be considered by the board may send a communication through official channels to the board, to arrive not later than the date the board convenes^ inviting attention to any matter of record in the Coast Guard concerning himself. A communication sent under this section may not criticize any officer or reflect upon his character, conduct, or motives. (h) Each member of a board convened under this section shall swear or affirm that he will, without prejudice or partiality, and having in view both the special fitness of officers and the efficiency of the Coast Guard, perform the duties imposed upon him.

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