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Page:United States Statutes at Large Volume 61 Part 1.djvu/845

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61 STAT.] 80rH CONG. , 1ST SESS.-CH. 512-AUG. 7, 1947 grade) in that corps in and senior to the promotion zone minus the number of lieutenants (junior grade) then on the promotion list. (m) Any officer eligible for consideration for selection 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 SELECOON BOARDS SEC. 209. (a) From among those officers who are eligible for con- sideration for promotion, each board shall recommend for promotion those officers, if of the grade of lieutenant commander or above, or if designated for limited duty in grades above ensign, whom it considers best fitted for promotion, and, if of the grade of lieutenant or lieu- tenant (junior grade), in the Supply and Civil Engineer Corps or if of the grade of lieutenant in the Nurse Corps those whom it con- siders best fitted for promotion, if of the grade of lieutenant or lieutenant (junior grade) in the Medical Corps, Dental Corps, Chaplain Corps, Civil Engineer Corps, or Medical Service Corps, or of the grade of lieutenant (junior grade) in the Nurse Corps, those whom it considers fitted for promotion, in number not exceeding the number furnished the board by the Secretary of the Navy as provided in section 208 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 author- ized to recommend for promotion to the grade concerned or, if such 5 per centum shall not equal the whole number one, a number exceed- ing one: Provided further, That in each grade, except with respect to lieutenant commander and lieutenant of the Nurse Corps 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: And provided further, That the status of having once failed of selection for promo- tion 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 captains 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 not exceeding the number furnished the board by the Secretary of the Navy, as provided in section 208 of this title. (c) The recommendation of the board in respect to the promotion of officers designated for limited duty shall be based upon their com- parative fitness, within such category for the duties prescribed for them by law. (d) 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 members: Provided, That the report or recommendation of a board composed of five members or less shall require the concur- rence of at least a majority of the members. 821 Right of officer to forward communica- tion concerning him- self. Recommendations for promotion. Recommendation for continuation of captains on active list. Officers designated for limited duty. boeorts, etc. , of