72
STAT.]
PUBLIC LAW 85-86 1 - S E P T. 2, 1958
"(e) The Secretary of the Army may delay the promotion of a reserve commissioned officer who is under investigation or against whom proceedings of a court-martial or board of officers are pending, until the investigation or proceedings are completed. "(f ^ On the basis of the results of an investigation or proceedings of a court-martial or board of officers, the Secretary may remove from a recommended list the name of any officer whom he considers to be not qualified for promotion. An officer in an active status who is not assigned to a unit organized to serve as a unit, and whose name is so I'emovcd from a recommended list, shall be treated, for the purposes of section 3368 of this title, as if he had been considered but not recommended for promotion. " (g) Promotions of reserve commissioned officers of each special branch and the Women's Army Corps shall be made from reserve commissioned officers assigned to that branch or corps, as the case may be. Promotions of reserve commissioned officers in any other branch shall be made from reserve commissioned officers who are not assigned to a special branch or the Women's Army Corps. "§ 3364. Commissioned officers: selection for promotion; order of promotion; zone of consideration list; officers not assigned to units " (a) When officers are considered for promotion under section 3366, 3367, 3370, or 3371 of this title, the names of reserve officers assigned to each special branch, except the Judge Advocate General's Corps, and to the Women's Army Corps shall be placed on a separate zone of consideration list for, or be considered for promotion for service in, that branch or corps. The names of all other reserve officers shall be placed on a zone of consideration list, or considered for promotion, without regard to the branch to which they are assigned. The convening officer shall refer each list to a selection board for consideration. "(b) Except as provided in subsection (d), an officer in an active status who is assigned to a special branch or the Women's Army Corps, and who is recommended for promotion under section 3366, 3367, or 3370 of this title, may not be promoted before nn officer of the same reserve grade and the same branch or corps who is in an active stntus, who has more service computed under section 3360(b) of this title, who has been recommended for promotion, and who is not assigned to a unit organized to serve as a unit. "(c) Except as provided in subsection (d), an officer who is not assigned to a special branch or the Women's Army Corps, nnd who is recommended for promotion under section 3366. 3367, or 3370 of this title, may not be promoted before an officer of the same reserve grade in an active status who is not assigned to a special branch or the Women's Army Corps, who has more service computed under section 3360 (b) of this title, who has been recommended for promotion, and who is not assigned to a unit organized to serve as a unit. " (d) For the purposes of subsections (b) and (c) — "(1) the Secretary shall, by regulation, prescribe the order of promotion of officers having the same amount of service computed under section 3360(b) of this title: "(2) the promotion of an officer who is otherwise eligible for promotion may not be withheld because of a delav in the promotion, under section 3362, 3363, 3368, or 3380 of this title, of an officer with more service computed under section 3360(b) of this title: and "(3) an officer who has completed the service in grade pmy scribed in section 20 of the Act enacting this section may be promoted before an officer who has not completed that service. 98395-59-PT. 1-93
1471
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