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Page:United States Statutes at Large Volume 61 Part 1.djvu/875

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61 STAT.] 80TH CONG. , 1ST SESS.-CH. 512 -AUG. 7 , 1947 And provided further, That the status of having once failed of selec- tion for temporary promotion shall not be considered as prejudicial to any officer with respect to his qualifications, his fitness for the naval service, or his eligibility for selection by the next succeeding selection board. (2) 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 con- tinued service on the active list, in numbers not exceeding the numbers furnished the board by the Secretary of the Navy as provided in section 308 of this title. (3) 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. (c) The following provisions shall relate to all officers: 1) 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- mendations of a board composed of five acting members or less shall require the concurrence of at least a majority of the acting members. (2) 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. 310. (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 furnished to the board by the Secretary of the Navy, as provided in section 308 of this title, and that, in the opinion of at least two-thirds of the acting members, the officers holding permanent appointments above the grade of commissioned warrant officers in the Regular Navy, if line officers, or if of the grade of lieutenant or lieutenant (junior grade) in the Supply Corps or Civil Engineer Corps, or if of the grade of lieutenant in the Nurse Corps, are, subject to the limitations prescribed in section 309 of this title, selected as the best fitted to assume the duties of the next higher grade, and, if of the grade of lieutenant or lieutenant (junior grade) in the Medical Corps, Chap- lain Corps, Dental Corps, or Medical Service Corps, or if of the grade of lieutenant (junior grade) in the Nurse Corps, are selected as fitted to assume the duties of the next higher grade and if officers of any grade in the line or staff corps who do not hold permanent appoint- ments above the grade of commissioned warrant oicer in the Regular Navy, are selected as qualified for continued active duty: Provided, That the recommendation of the board in the cases 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, as prescribed in section 309 of this title. (b) 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, if the board has more than five acting members, and, if the board has five acting mem- bers or less, 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. 851 Nonprejudicial status. Continuation of captains on active list. Ante, p. 844. Basis of recommen- dation. Reports, etc., of board Ante, p. 844 . Ante, p. 849 . Continuation of rear admirals and captains on active list.