Page:United States Statutes at Large Volume 70A.djvu/250

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192 §3308. Commissioned officers: effect of removal from recommended list by President or failure of confirmation by Senate The President may remove from a recommended list for promotion to any grade the name of any promotion-list officer or brigadier general of the Regular Army who in his opinion is not qualified for promotion. If an officer's name is so removed, or if the Senate does not consent to his appointment, he continues to be eligible as if he had not been considered for promotion and may be recommended by the next selection board considering officers of his grade. If he is promoted on the recommendation of that board, he has the same date of rank and place on the promotion list that he would have had if he had been promoted as a result of his original selection. If the second board considers but does not recommend an officer who would be subject to elimination for second failure of selection for promotion to the grade concerned, or if he again fails of promotion because his name is removed from the recommended list by the President or because the Senate does not consent to his appointment, he shall be eliminated from the active list under section 3303 of this title. §3309. Commissioned officers: physical examination for promotion (a) The President may prescribe a system of physical examination for all commissioned officers of the Regular Army in grades below brigadier general to determine their fitness for promotion in the Regular Army. Each examination shall be given before the right to promotion accrues. (b) If the needs of the Army require that an officer entitled to romotion upon physical examination under subsection (a) be absent ram a place where an examining board can be convened, the officer may be promoted subject to examination as soon as practicable. However, if he is thereafter examined and found physically disqualified for that promotion, and if the proceedings are approved by the Secretary of the Army, he shall be treated as if he had been examined before promotion and had failed. (c) If a commissioned officer fails to pass the physical examination and is reported unfit for promotion, the officer next below him on a recommended list for promotion who has passed the examination and is otherwise qualified shall be promoted. §3310. Warrant officers: original appointment; qualifications Original appointments as warrant officers in the Regular Army shall be made from persons who have served on active duty at least one year in the Army. § 3311. Officers: female; limitations on appointment Except for those appointed as commissioned officers in the Medical Corps, Dental Corps, Medical Service Corps, Veterinary Corps, Army Nurse Corps, or Women's Medical Specialist Corps, women may be appointed as officers in the Regular Army only in the Women's Army Corps.