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.
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