1498
PUBLIC LAW 86-861-SEPT. 2, 1958
[72 S T A T.
(2) these wounds do not incapacitate him for the performance of useful service in the higher grade." 5866 " ^ ^ ^^^^' (1^^) "^^^ analysis of chapter 547 is amended by striking out the following item: "5861. Physical examination."
and inserting the following item in place thereof: "5861. Regular Navy and Regular Marine Corps: physical examination."
10 USC 5787.
10 USC 1332.
(131) Section 5862 is amended to read as follows:
- '§ 5862. Navy and Marine Corps: mental, moral, and professional
examination; examining b o a r d; board m e m b e r s; procedure
- ' (a) Before an officer on the active list of the Navy or the Marine
Corps may be promoted permanently to the grade of lieutenant (junior grade) or first lieutenant, he must demonstrate to the satisfaction of an examining board such mental, moral, and professional qualifications as the Secretary of the Navy may prescribe. " (b) Before an officer serving on active duty in a grade above ensign and below captain in the Navy or in a grade above second lieutenant and below colonel in the Marine Corps may be promoted to the next higher grade, he must demonstrate to the satisfaction of an examining board such professional qualifications as the Secretary may prescribe. "(c) Examining boards for the examination of officers under this section shall be convened from time to time by the Secretary or, when authorized by the Secretary, by the senior officer present, or other commanding officer, on a foreign station. A board convened by a senior officer present, or other commanding officer, on a foreign station may examine only officers who are under the command of the convening authority and who are directed to appear before the board. " (d) Each examining board convened under this section shall be composed of commissioned officers of the naval service. A t least three members must act in each case. A member may not act in the case of an officer senior to him. "(e) The Secretary shall prescribe regulations governing the procedures to be followed by examining boards, including regulations to insure a full and fair hearing to officers whose cases come before the boards and who demand a hearing. " (f) The Secretary may suspend the operation of any part of this section in connection with the promotion of officers under section 5787 of this title." (132) Chapter 547 is amended— (A) by adding the following new section after section 5866;
- §5867. Naval Reserve and Marine Corps Reserve; officers:
moral, professional, and physical examinations " (a) Before an officer of the Naval Reserve or the Marine Corps Reserve may be promoted to the next higher grade he must— "(1) qualify for promotion by passing such moral, professional, and physical examinations as the Secretary of the Navy prescribes: and "(2) attain the minimum number of points, credited under section 1332 of this title, prescribed by the Secretary of the Navy with the approval of the Secretary of Defense. " (b) The physical standards for the promotion of reserve officers prescribed by the Secretary of the Navy under this section shall be the same as those prescribed by him for the retention of officers in the Naval Reserve and the Marine Corps Reserve.
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