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Page:United States Statutes at Large Volume 61 Part 1.djvu/917

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61 STAT.] 80Tr CONG., 1S T SESS.-CH. 512-AUG. 7, 1947 of lieutenant colonel either in the Regular Army or under temporary appointment in the Army of the United States. (5) A majority of the total membership of any board must agree on each of the officers recommended for promotion by that board. (6) The President may remove from the recommended list the name of any officer recommended for promotion to any grade by any selec- tion board who in his opinion is not qualified for promotion. Any officer whose name is removed from the recommended list for any grade by the President or who, after nomination by the President for any grade, cannot be appointed because of advice by the Senate that the appointment does not have its consent, shall continue to be eligible for consideration for promotion as though he had not been considered for that grade by the selection board which had recommended him and the next succeeding selection board may select and recommend the officer concerned for promotion, and thereupon his name shall again be placed on the recommended list and when promoted such officer shall take the same date of rank and place on the promotion list he would have had had he been promoted as a result of his original selection; however, should any officer, having once been selected for promotion to any grade under section 509 of this title, fail of promo- tion to such grade either (a) by virtue of having his name removed from the recommended list by the President, or (b) on account of advice by the Senate that the appointment does not have its consent, again fail of promotion to the next higher grade either (a) by being considered but not selected by the next succeeding selection board, (b) by virtue of having his name removed from the recommended list by the President, or (c) on account of advice by the Senate that the appointment does not have its consent, he shall be deemed to have twice failed of selection and shall be eliminated from the active list of the Regular Army in accordance with the provisions of subsection 509 (h) of this title. (7) Officers on a recommended list for promotion to any grade under the provisions of this title, who, at any time prior to promotion, are found incapacitated for service by reason of physical disability con- tracted in line of duty shall, when retired, be retired in the grade for which they were recommended, with retired pay at the rate of 75 per centum of the active-duty pay of the grade to which recommended, unless entitled to higher retired rank or pay under other provisions of law. (8) Each member of a selection board provided for in this title shall swear or affirm that he will, without prejudice or partiality, and having in view both the special fitness of officers and the efficiency of the Army, perform the duties imposed upon him as herein provided. (b) In time of emergency declared by the President or by the Con- gress, and in time of war, the President is authorized, in his discretion, to suspend the operation of all or any part or parts of the several pro- visions of law pertaining to promotion. (c) 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 communica- tion inviting attention to any matter of record in the War 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. (d) The provisions of this title shall be effective immediately upon its enactment with respect to permanent grade promotion appoint- ments of Regular Army officers to the grades of major general and brigadier general and with respect to permanent grade promotion 893 Agreement of ma- jority. Removal of name by President, etc. Post, p. 896. Physical disability. Oath. Suspension of pro- visions. Right of officer to forward communica- tion concerning him- self. Effective date.