842
PUBLIC LAW 91-402-SEPT. 18, 1970
[84 STAT.
(C) by deleting- the word "Regular" before the words "niiuiing mate" in the two places they appear; and (D) by deleting the words "in the Eegular service" after the word "mate" in subsection (a). ac?/v?dutyrpro. (^2) Section 791 is amended to read as follows: motions. ' " (a) While serving on active duty other than active duty for train14 USC'rgf"*' i^.g'.or other than for duty on a board, a Reserve officer shall not be eligible for consideration for promotion or for promotion under the provisions of this subchapter. Such an officer shall be considered for promotion and promoted pursuant to appropriate provisions contained elsewhere in this title. If so promoted, such an officer shall be considered as having been promoted under this subchapter and shall be considered as an extra number in the grade to which promoted for the purpose of grade distribution prescribed in this subchapter and shall not be counted in such distribution until he is released from active duty. "(b) Notwithstanding provisions of subsection (a) of this section a Reserve officer who, at the time he reports for active duty has been recommended for promotion to the next higher grade under the provisions of this subchapter, shall be promoted to such grade subject to the same conditions as though selected under provisions of law applicable to a Reserve officer serving on active duty. "(c) A Reserve officer who, at the time he is released from active duty, has been recommended for promotion to the next higher grade under provisions of law applicable to a Reserve officer serving on active duty, shall be promoted to such grade subject to the same conditions as though selected under provisions of this subchapter. " (d) A failure of selection for promotion to the next higher grade shall be counted for all purposes regardless of whether it occurred under the provisions of this subchapter or under other provisions of law." (13) The following new sections are added: "§ 796. Failure of selection for promotion " (a) A Reserve officer, other than an officer serving in the ^rade of captain, who is, or is senior to, the junior officer in the promotion zone established for his grade, fails of selection if he is not selected for promotion by the selection board which considered him, or if having been recommended for promotion by the board, his name is thereafter removed from the report of the board by the President. "(b) An officer shall not be considered to have failed of selection if he was not considered by a selection board because of administrative error. If he is selected by the next succeeding selection board after the error is discovered and is promoted, he shall be given the date of rank and precedence that he would have held if he had been recommended for promotion by the selection board which would have considered him but for the error. "(c) Those officers of the Women's Reserve in the grades of lieutenant and lieutenant (junior grade) who are junior to the last officer selected by a board pursuant to subsection (i) of section 780 of this Ante. p. 83 9. ^^^.j^ shall uot be considered to have failed of selection, and the names of such officers shall be submitted to the next ensuing selection board. "§ 797. Promotion; acceptance; oath of office " (a) An officer who has been appointed under the provisions of this subchapter is considered to have accepted such appointment unless delivery of the appointment cannot be effected. "(b) An officer who has served continuously since he subscribed to the oath of office prescribed in section 3331 of title.5, United States
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