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Page:United States Statutes at Large Volume 61 Part 1.djvu/873

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61 STAT.] 80TH CONG., 1ST SESS.-CH. 512 -AUG. 7 , 1947 (c) The following provisions shall relate to all officers: (1) 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 com- munication 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 BOARDS SEC. 309. (a) The following provisions shall relate to line officers: (1) From among those officers who are eligible for consideration for temporary promotion, each board shall recommend for temporary promotion those officers holding permanent appointments in the grades of ensign and above in the Regular Navy whom it considers best fitted for temporary promotion, and those officers not holding permanent appointments in the grades of ensign and above in the Regular Navy whom it considers qualified for continued active duty: Provided,That from among eligible officers holding permanent appointments m the grades of ensign and above in the Regular Navy who are 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 temporary promotion, a number exceeding 5 per centum of the total number of officers that the board is authorized to recommend for temporary promotion to the grade concerned or, if such 5 per centum shall not equal the whole number one, a number exceeding one: Providedfurther,That the total number of officers holding permanent appointments in the Regular Navy plus the number of officers not holding permanent appointments in the Regular Navy which may be recommended for temporary promotion in each grade shall not exceed the number furnished the board concerned by the Secretary of the Navy as provided in section 308 of this title: Provided further, 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 temporary promotion, be con- sidered as having failed of selection for temporary promotion, and no such officer junior in lineal rank to said junior officer in said promo- tion zone shall, if not selected for temporary promotion, be considered as having failed of selection for temporary promotion: Provided fur- ther, That any captain designated for engineering duty, aeronautical engineering 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 he com- pletes thirty years of total commissioned service, as defined in section 102 of title I of this Act, be held for all purposes to have once failed of selection for temporary promotion, and if not on such list on June 30 of the succeeding year shall, subject to the provisions of subsection 311 (c) of this title, be held for all purposes to have twice failed of selection for temporary promotion, and no such officer shall be held to have failed of selection for temporary promotion solely by reason of the approved recommendation for temporary 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 proviso until he completes five years of service in the grade of captain: And provided further, That the status of having once failed of selection for temporary promotion shall not be considered as prejudicial to an officer with respect to his qualifi- cations, his fitness for the naval service, or his eligibility for selection by the next succeeding selection board. 95347°--18-pt. 1 54 849 Right of officer to forward communica- tion concerning him- self. Recommendations for temporary promo- tion. Failure of selection. Captains designated for engineering or special duty. Ante, p. 79. Pot, p. 853. Loss of numbers, etc. Nonprejudicial status.