Page:United States Statutes at Large Volume 94 Part 3.djvu/207

 PUBLIC LAW 96-513—DEC. 12, 1980

94 STAT. 2851

"SUBCHAPTER I—SELECTION BOARDS "Sec. "611. "612. "613. "614. "615. "616. "617. "618.

Convening of selection boards. Composition of selection boards. Oath of members of selection boards. Notice of convening of selection boards; communications with boards. Information furnished to selection boards. Recommendations for promotion by selection boards. Reports of selection boards. Action on reports of selection boards.

"§ 611. Convening of selection boards "(a) Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned, whenever the needs of the service require, shall convene selection boards to recommend for promotion to the next higher permanent grade, under subchapter II of this chapter, officers on the active-duty list in each permanent grade from first lieutenant through brigadier general in the Army, Air Force, or Marine Corps and from lieutenant (junior grade) through commodore admiral in the Navy. "(b) Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned, whenever the needs of the service require, may convene selection boards to recommend officers for continuation on active duty under section 637 of this title or for early retirement under section 638 of this title.

10 USC 611.

Post, p. 2854.

Post, p. 2863. Post, p. 2864.

"§612. Composition of selection boards "(a)(1) Members of selection boards shall be appointed by the Secretary of the military department concerned in accordance with this section. A selection board shall consist of five or more officers who are on the active-duty list of the same armed force as the officers under consideration by the board. Each member of a selection board must be serving in a grade higher than the grade of the officers under consideration by the board, except that no member of a board may be serving in a grade below major or lieutenant commander. "(2) A selection board shall include at least one officer from each competitive category of officers to be considered by the board. "(3) When reserve officers of an armed force are to be considered by Reserve officers. a selection board, the membership of the board shall include at least one reserve officer of that armed force, except that in the case of a board which is considering officers in the grade of colonel or brigadier general or, in the case of officers of the Navy, captain or commodore admiral, no reserve officer need be included if there are no reserve officers of that armed force on active duty in the next higher grade. "(4) Except as provided in paragraph (3), if qualified officers on the Retired officers. active-duty list are not available in sufficient numbers to comprise a selection board, the Secretary of the military department concerned shall complete the membership of the board by appointing as members of the board retired officers of the same armed force who hold a retired grade higher than the grade of the officers under consideration by the board. A retired general or flag officer who is on active duty for the purpose of serving on a selection board shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty. "(b) No officer may be a member of two successive selection boards for the consideration of officers of the same competitive category and grade. "§613. Oath of members of selection boards "Each member of a selection board shall swear that he will perform his duties as a member of the board without prejudice or partiality

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