Page:United States Statutes at Large Volume 94 Part 3.djvu/211

 PUBLIC LAW 96-513—DEC. 12, 1980

94 STAT. 2855

"(3) When the needs of the service require, the Secretary of the militarjf department concerned may prescribe a longer period of service in grade for eligibility for promotion, in the case of officers to whom paragraph (1) applies, or for eligibility for consideration for promotion, in the case of officers to whom paragraph (2) applies. "(4) The Secretary of the military department concerned may Waiver. waive paragraph (2) to the extent necessary to assure that officers described in clause (A) of such paragraph have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone. "(5) In computing service in grade for purposes of this section, service in a grade held as a result of assignment to a position is counted as service in the grade in which the officer would have served except for such assignment or appointment. "(b) An officer who has failed of selection for promotion to the next Continued higher grade remains eligible for consideration for promotion to that eligibility. grade as long as he continues on active duty in other than a retired status and is not promoted. "(c)(1) Each time a selection board is convened under section 611(a) of this title for consideration of officers in a competitive category for promotion to the next higher grade, each officer in the promotion zone (except as provided under paragraph (2)), and each officer above the promotion zone, for the grade and competitive category under consideration shall be considered for promotion. "(2) The Secretary of the military department concerned— "(A) may, by regulation, prescribe procedures to limit the officers to be considered by a selection board— "(i) from below the promotion zone; or "(ii) in the case of a selection board to recommend officers for promotion to the grade of brigadier general or commodore admiral, to those officers who are determined to be exceptionally well qualified for promotion; and "(B) may, by regulation, prescribe criteria for determining which officers below the promotion zone or in the grades of colonel and, in the case of officers of the Navy, captain are exceptionally well qualified for promotion. "(d) A selection board convened under section 611(a) of this title Exceptions. may not consider for promotion to the next higher grade— "(1) an officer whose name is on a promotion list for that grade as a result of his selection for promotion to that grade by an earlier selection board convened under that section; or "(2) an officer of the Navy or Marine Corps who is an officer designated for limited duty and who holds a grade above lieutenant commander or major. "§ 620. Active-duty lists lo use 620. "(a) The Secretary of the military department concerned shall maintain a single list of all officers (other than officers described in section 641 of this title) who are on active duty for each armed force Post, p. 2866. under his jurisdiction (other than the Coast Guard when it is operating as a service in the Navy). "(b) Officers shall be carried on the active-duty list of the armed force of which they are members in the order of seniority of the grade in which they are serving on active duty. Officers serving in the same grade shall be carried in the order of their rank in that grade. "(c) An officer whose position on the active-duty list results from service under a temporary appointment or in a grade held by reason

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