1470
PUBLIC LAW 85-861-SEPT. 2, 1958
[72 S T A T.
with service under section 3353 of this title or section 22 of the Act enacting this section, no service before appointment may be counted.
- § 3362. Commissioned officers: selection boards
" (a) The Secretary of the Army, or such authority as he directs, shall convene selection boards to consider reserve commissioned officers under this chapter. "(b) Each board shall be composed of at least five members who are seniors in regular or reserve grade to, and who outrank, any officer considered by that board. Five members of a board constitute a quorum. So far as practicable, at least one-half of the members of the board must be reserve officers. "(c) A board may not serve longer than one year and a member may not serve on two consecutive boards for promotions to the same grade, if the second board considers any officer considered but not recommended by the first. " (d) Each member of a board must swear that he will perform his duties without prejudice or partiality, having in view the special fitness of officers and the efficiency of the Army. "(e) A recommendation for promotion must be made by the majority of the total membership of the board. " (f) An officer eligible for consideration for promotion by a board under this chapter is entitled to send a letter, through official channels, calling attention to any matter of record in the armed forces concerning himself that he considers important to his case. The letter may not criticize any officer or reflect on his character, conduct, or motives. A letter sent under this subsection may not be considered by a selection board unless it is received by the time the board convenes. " (g) The Secretary of the Army shall prescribe regulations to carry out this chapter. '^§3363. Commissioned officers: selection boards; general procedure " (a) Except as provided in section 3383(b) of this title and section 309 of title 32, an officer in the reserve grade of second lieutenant may not be promoted or federally recognized in the next higher reserve grade until he completes three years of service computed under section 3360 (b) of this title. " (b) An officer in a reserve grade above second lieutenant may not be considered for promotion, or examined for Federal recognition in the next higher reserve grade, until he completes the following number of years of service computed under section 3360(b) of this title: "(1) First lieutenant—two years. "(2) Captain—four years. "(3) Major—four years. " (4) Lieutenant col onel—three years. "(5) Colonel—two years. "(6) Brigadier general—two years. This subsection does not apply to the adjutant general or assistant adjutants general of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia. " (c) An officer may not be considered by a selection board for promotion under this chapter more than two years before the date on which it is anticipated that he will be promoted if recommended by the selection board. " (d) A promotion under this chapter may be made effective before, on, or after the date on which it is made. The officer concerned is entitled to pay, allowances, and any other benefits provided by law for the grade to which he is promoted from the effective date of the promotion.
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