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Page:United States Statutes at Large Volume 61 Part 1.djvu/830

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PUBLIC LAWS-CH. 512-AUG. 7 , 1947 Captains designated for engineering duty, etc. Reports, etc. , of board. (c) From among those captains designated for engineering duty, aeronautical engineering duty, or special duty, who are eligible for con- sideration for continuation on the active list, the board shall recommend for such continuation those officers, of each such category, whom it con- siders best fitted for continued service on the active list, in number not exceeding the number furnished the board by the Secretary of the Navy, with respect to that category, as provided in section 108 of this title. (d) The recommendation of the board in respect to the promotion of officers who are now or may hereafter be designated for engineering duty, aeronautical engineering duty, special duty, or limited duty, shall be based upon their comparative fitness, within such categories, for the duties prescribed for them by law. (e) All reports or recommendations of a selection board under any provision of this title shall require the concurrence of at least two- thirds of the acting members: Provided, That the report or recom- mendation of a board composed of five acting members shall require the concurrence of at least a majority of the acting members. (f) The selection board shall also report the names of any officers among those eligible for consideration and of less than twenty years' service whose reports and records in its opinion indicate their unsatis- factory performance of duty in their present grades and in its opinion indicate that they would not satisfactorily perform the duties of a higher grade. REPORTS OF SELECTION BOARDS SEc. 110. (a) The report of the board shall be in writing, signed by all of the acting members thereof, and shall certify that the board has carefully considered the case of every officer whose name was fur- nished to the board by the Secretary of the Navy, as provided in section 108 of this title, and that, in the opinion of at least two-thirds of the acting members, the officers therein recommended are selected as the best fitted to assume the duties of the next higher grade subject to the limitations prescribed in subsection 109 (a) of this title, except that the recommendation of the board in the cases of officers who are now or may hereafter be designated for engineering duty, aeronautical engi- neering duty, special duty, or limited duty, shallbe based upon their comparative fitness as prescribed in section 109 of this title. The report of a board convened to recommend rear admirals or captains for continuation on the active list shall certify that, in the opinion of at least two-thirds of the acting members, and, if the board has but five acting members, in the opinion of at least a majority of the acting members, the officers therein recommended are selected as the best fitted for continued service on the active list. (b) The report of the board shall be submitted to the President for approval or disapproval: Provided,That in case any officer or officers recommended by the board for promotion, or, in the case of rear admirals or captains, for continuation on the active list, be not accept- able to the President, the board shall be informed of the name of such officer or officers and shall recommend a number of officers for promo- tion or for continuation on the active list, as the case may be, equal to the number of those found not acceptable to the President and if necessary, the board shall be reconvened for this purpose. PBOMOTION OF OFFICERS SEC. 111 . (a) Officers recommended for promotion in the approved report of a selection board shall be regarded as having been selected for promotion and their names shall be placed upon a promotion list Submission to Pres- Ident. Pnrmotion list. [61 STAT.