78 S T A T. ]
P U B U C LAW 86-165-AUG. 11, 1969
886
formance of duty serving in the grade of colonel on the active list of the Regular Marine Corps who is not on a promotion list, who has not been previously recommended for contmuation in the approved report of a board, and who has at least twice failed of selection to the ^ a d e of rear admiral in the Navy or brigadier ^neral in the Marine Corps is eligible for consideration for continuation on the active list by a board convened under this section. (f) Each officer designated for supplv duty serving in the grade of colonel on the active list of the Regular Marine Corps who is not on a promotion list, who has not been previously recommended for continuation in the approved report of a board, and who will complete at least twenty-seven years of total commissioned service, as computed under section 6387 of title 10, United States Code, b^ ^OA stnt. 408. June 30 of the fiscal year in which a board is convened under this section is eligible for consideration for continuation on the active list by that board. (g) Each officer on the active list of the Regular Navy or the Regular Marine Corps serving in the grade of commander or lieutenant colonel (except an officer designated for limited duty, an officer in the Nurse Corps, or a woman officer appointed under section 6590 of title 10, United States Code) who is not on a promotion list, ^OA stnt. 327. who has not been previously recommended for continuation in the approved report of a boara, and who has at least twice failed of selection for promotion to the grade of captain in the Navy or colonel in the Marine Corps is eligible for consideration for continuation on the active list by a board convened under this section. (h) The Secretary shall furnish the appropriate selection board cbnvened under this section with the names 01 the officers who shall be considered by the board and, based on the needs of the service, the number of these officers by categories that may be recommended for continuation on the active list. Of the officers considered for continuation by each selection board, the board shall recommend those officers whom the board considers best qualified for continuation on the active list. Each board shall certify in its written report that in the opinion of at least two-thirds of the acting members of the board the officers recommended are selected as best qualified for continued service on the active list. Of the officers considered but not recommended for continuation on the active list the board shall further report the names of any officers whose performance of duty would not warrant retention on the active list under any circumstances. Each board shall certify in its written report that in the opinion of two-thirds of the acting members of the board, based on the information available to the board, the performance of duty of each such officer whose name is so reported would not warrant retention on the active list under any circumstances. The report of each board shall be submitted to the President and shall become final upon his approval. (i) Unless sooner selected for promotion to the next higher grade, each officer who is considered for continuation on the active list by a board convened under this section and who is not recommended for continuation in the approved report of the board, shall, notwithstanding any other provision of law except subsection (j) or (k), be retired on June 30 of the fiscal year in which the report of the board is approved or in which he completes 20 years of total commissioned service, as comjjuted under section 6387 or 6388 of title 10, United 40^°^ ^'^*- '*°*' States Code, whichever is later. (j) An officer in a grade below rear admiral on the active list of the Regular Navy who has the rank of rear admiral while serving in a statutory office and who would be retired under this Act may have
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