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Page:United States Statutes at Large Volume 61 Part 1.djvu/888

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PUBLIC LAWS-CH. 512-AUG. 7 , 1947 Ante, p. 841. Administrative staff duty. Appointment of alternate members of board. Temporary promo- tion to major general. Ante, p. 863 . Post, p. 879. Pay and allowances. Promotion zone In grade of brigadier gen- eral. selection board for the recommendation of officers for temporary pro- motion to the grades of brigadier general and colonel without placing thereon general officers who served as members of the same correspond- ing board the preceding year, officers of the active list of the line of the Navy, not restricted in the performance of duty, of the grade of rear admiral may be substituted for general officers of the Marine Corps in order to comply with the provisions of section 305 (a) (2) of this title: Providedfurther, That selection boards to recommend brigadier gen- erals for temporary promotion to major general shall be composed of officers of the permanent grade of major general on the active list of the Marine Corps to the extent that such officers are deemed available for this duty by the Secretary of the Navy, and the remainder of the board shall be composed of rear admirals on the active list of the line of the Navy, not restricted in the performance of duty: And provided further, That administrative staff duty performed by any officer under appointment or detail, and duty in aviation, or in any technical spe- cialty, shall be given weight by the selection board in determining his fitness for promotion equal to that given to line duty equally well performed. (g) Whenever officers designated for supply duty are eligible for consideration by a selection board for temporary promotion or for continuation on the active list, the Secretary of the Navy shall appoint, as alternate members of the appropriate selection board, three officers of that designation, and if there be not three available, he shall so appoint such lesser number as may be available, and the junior members of the board who are not restricted in the perform- ance of duty, in like number, shall not act upon the cases of officers designated for supply duty. No such alternate member shall act upon the cases of officers other than those designated for supply duty. No officer designated for supply duty or for limited duty shall act upon the cases of officers not restricted in the performance of duty. (h) Temporary promotion to major general shall be from briga- dier generals who are not restricted in the performance of duty, and such officers shall be eligible for consideration by a selection board for temporary promotion to major general when they will have completed on June 30 of the fiscal year of the convening of the board four years' service in that grade. The date of rank of an officer temporarily appointed in the grade of major general shall be. the date of rank held by such officer in the grade of brigadier gen- eral under permanent or temporary appointment: Provided, That subject to the provisions of subsection 311 (c) (1) and subsection 423 (b) of this Act, such date of rank shall not be earlier than that of the junior officer in the grade of major general: And provided further, That such an officer shall be entitled to the pay and allow- ances of the higher grade from the date of occurrence of the vacancy which he is promoted to fill. (i) The promotion zone in the grade of brigadier general for officers not restricted in the performance of duty shall be established by the Secretary of the Navy as of the date of the convening of a selection board to consider officers of that grade for recommendation for tem- porary promotion to the next higher grade. It shall consist of that number of the most senior such officers of the grade of brigadier gen- eral who are eligible for selection for temporary promotion to the next higher grade and have not previously failed of such selection, which must be either selected for temporary promotion by the par- ticular board or be considered as having failed of such selection, in order to maintain a flow of promotion consistent with the needs of the service and to best assure to individuals in succeeding years equality of opportunity for promotion. The number shall be determined by 864 [61 STAT.