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Page:United States Statutes at Large Volume 61 Part 1.djvu/829

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61 STAT.] 80TH CONG. , 1ST SESS.-CH. 512 -AUG. 7 , 1947 Service Total Grade in grade commissioned service Captains .. --- --- --- --- --- --- --- ---- --- -- 5 years 30 years Commanders ------------------ __-------_ _ 7 years 25 years Lieutenant commanders------------------- 6 years 18 years Lieutenants----------------------------- 6 years 12 years Lieutenants (junior grade)------------------- 3 years 6 years (n) The normal terms of service in grade of officers designated for limited duty in the various grades below that of commander shall be the same as those set out in subsection (m) of this section. (o) Any officer eligible for consideration by a selection board shall have the right to forward through official channels at any time not later than ten days after the convening of said board a written communica- tion inviting attention to any matter of record in the Navy Department concerning himself which he deems important in the consideration of his case: Provided, That such communication shall not contain any reflection upon the character, conduct, or motives of or criticism of any officer. DUTIES OF SELECTION BOABDS SEC. 109. (a) From among those officers who are eligible for consid- eration for promotion, each board shall recommend for promotion those officers whom it considers best fitted for promotion, in number not exceeding the number furnished the board by the Secretary of the Navy as provided in section 108 of this title: Provided, That, from among eligible officers junior in lineal rank to the junior officer in the appropriate promotion zone in a grade below that of captain, the board may not recommend, as best fitted for promotion, a number exceeding 5 per centum of the total number that the board is authorized to recommend for promotion to the grade concerned or, if such 5 per centum shall not equal the whole number one, a number exceeding one: Providedfurther,That in each grade the junior officer in a promotion zone and all officers of his category senior to him in lineal rank who are eligible for consideration shall, if not selected for promotion, be considered as having failed of selection for promotion, and no such officer junior in lineal rank to said junior officer in said promotion zone shall, if not selected for promotion, be considered as having failed of selection for promotion: Providedfurther, That any captain desig- nated for the performance of engineering duty, aeronautical engineer- ing duty, or special duty, shall, if not on the promotion list for the grade of rear admiral on June 30 of the fiscal year in which lihe com- pletes thirty years of total commissioned service, be held for all pur- poses to have once failed of selection for promotion, and if not on such list on June 30 of the succeeding year shall, subject to the provisions of subsection 111 (c) of this title, be held for all purposes to have twice failed of selection for promotion, and no such officer shall be held to have failed of selection for promotion solely by reason of the approved recommendation for promotion of any officer junior to him: Provided further, That an officer who has lost numbers or precedence shall not be held to have completed the service prescribed in the preceding pro- viso until he completes five years of service in the grade of captain: And provided further, That the status of having once failed of selec- tion for promotion shall not be considered as prejudicial to an officer with respect to his qualifications, his fitness for the naval service, or his eligibility for selection by the next succeeding selection board. (b) From among those rear admirals not restricted in the per- formance of duty who are eligible for consideration for continuation on the active list, the board shall recommend for such continuation those officers whom it considers best fitted for continued service on the active list, in number equal to the number furnished the board by the Secretary of the Navy as provided in section 108 of this title. 805 Right of officer to forward communica- tion concerning him- self. Recommendations for promotion. Continuation on active list. Rear admirals not restricted in duty.