Sec. 5891. 5892. 5893. 5894. CHAPTER 549-RESERVE PROMOTIONS 1 Officers who may be promoted under this chapter. Selection boards: composition. Selection boards: oath of members. 5895. Selection boards: information furnished to boards. 5896. 5897. 5898. 5899. 5900. Recommendations for promotion by selection boards. Action on reports of selection boards. Eligibility for consideration for promotion: running mates. 5901. Numbers that may be recommended for promotion. Promotion lists; eligibility for promotion; date of rank. Effect of erroneous omission of name from list furnished to selection board. Removal from promotion list. 5902. 5903. 5904. 5905. 5906. Effect of transfer to inactive status list. § 5891. Officers who may be promoted under this chapter (a) To be eligible for consideration for promotion by a selection board convened under this chapter, or for promotion under this chapter, an officer must be in an active status in the Naval Reserve or the Marine Corps Reserve. (b) Except as provided in subsections (c) and (d), a reserve officer who is on the active-duty list maintained under section 620 of this title is ineligible for promotion under this chapter and for consideration by a selection board convened under this chapter. (c) A reserve officer who has been recommended for promotion in the approved report of a selection board convened under this chapter, and who is placed on the active-duty list before he is promoted, may be promoted under this chapter, notwithstanding the fact that he is on the active-duty list at the time of promotion. (d) A reserve officer who has been recommended for promotion in the approved report of a selection board convened under chapter 36 of this title and who is removed from the active-duty list before he is promoted may be promoted under this chapter, notwithstanding the fact that he was on the active-duty list when selected for promotion. (e) A reserve officer whose name was furnished to a selection board convened under chapter 36 of this title, and who is removed from the active-duty list before the corresponding selection board is convened under this chapter to consider officers of his grade for 1 This chapter is repealed Oct. 1, 1996, pursuant to sections 1629(b)(1) and 1691(b)(1) of the Reserve Officer Personnel Management Act (title XVI of P.L. 103-337; 108 Stat. 2963, 3026). promotion to the next higher grade, is ineligible for consideration by the latter board. (Added P.L. 85-861, §1(133), Sept. 2, 1958, 72 Stat. 1499, and amended P.L. 90130, §1(20) (A), Nov. 8, 1967, 81 Stat. 379; P.L. 96-513, §503(32), Dec. 12, 1980, 94 Stat. 2913; P.L. 98–525, § 533(e), Oct. 19, 1984, 98 Stat. 2528.) § 5892. Numbers that may be promoted 2 Each year the Secretary of the Navy shall prescribe the number of officers in each grade in the Naval Reserve and the Marine Corps Reserve that may be promoted in that year to the next higher grade under this chapter. He shall prescribe for each grade the number that he determines to be necessary to provide (1) equitable opportunity for promotion among succeeding groups of reserve officers; and (2) an adequate continuing strength of reserve officers in an active status. However, the Secretary may not prescribe numbers that will cause the number of reserve officers in an active status holding permanent appointments in any grade to exceed the number authorized for that grade in section 5457 or section 5458 of this title. With respect to the numbers of reserve officers in the staff corps that may be promoted, the Secretary shall prescribe numbers that will cause the relationship between line and staff corps officers in an active status in the Naval Reserve to conform to that established by the Secretary for regular line and staff corps officers on the active-duty list under other provisions of this title. (Added P.L. 85-861, §1(133), Sept. 2, 1958, 72 Stat. 1500, and amended P.L. 96513, §503(33), Dec. 12, 1980, 94 Stat. 2914.) § 5893. Selection boards: composition 3 (a) The Secretary of the Navy, or such other authority as he directs, shall appoint and convene selection boards, each consisting of at least five officers, to consider for promotion to the next higher grade (1) officers of the Naval Reserve in each grade above ensign and below rear admiral; and (2) officers of the Marine Corps Reserve in each grade above second lieutenant and below major general. (b) At least half the members of each selection board convened under this section must be reserve officers so far as practicable. All members of each board must be serving in a grade above the grade in which the officers that are to be considered by the board are serving. An officer may not serve on two consecutive boards to consider officers for promotion to the same grade if the second of the two is to consider any officer who was considered and not recommended for promotion to that grade by the first board. Selection boards convened under this section may serve for as long as the Scretary prescribes, but not longer than one year. (c) Regardless of the number of officers appointed to a board under this section, five officers constitute a quorum. However, at 2 Section is repealed Oct. 1, 1996, pursuant to sections 1629(b)(2) and 1691(b)(1) of the Reserve Officer Personnel Management Act (ROPMA) (title XVI of P.L. 103-337; 108 Stat. 2963, 3 Section is repealed Oct. 1, 1996, pursuant to sections 1629(b)(2) and 1691(b)(1) of ROPMA. ommended for promotion and certifying (1) that the board has carefully considered the record of each officer whose name was furnished to the board under section 5895 of this title, and (2) that, in the opinion of a majority of the members of the board, the officers recommended for promotion by the board are best qualified for promotion to meet the needs of the Navy or the Marine Corps from among those officers whose names were furnished to the selection board. (Added P.L. 85-861, § 1(33), Sept. 2, 1958, 72 Stat. 1052 [amended several times], revised in its entirety, P.L. 99–661, §507(a), Nov. 14, 1986, 100 Stat. 3865.) § 5898. Action on reports of selection boards 8 (a) If, after reviewing the report of a selection board submitted under section 5897 of this title, the Secretary of the Navy determines that the board has acted contrary to law or regulation, the Secretary shall return the report to the board for further proceedings. Upon receipt of a report returned by the Secretary under this subsection, the selection board (or a subsequent selection board convened under this chapter for the same grade and competitive category) shall conduct such proceedings as may be necessary in order to revise the report and shall resubmit the report, as revised, to the Secretary in accordance with section 5897 of this title. (b) The Secretary of the Navy shall, after final review of the report, submit it, together with the Secretary's recommendations, to the Secretary of Defense for transmittal to the President for approval, modification, or disapproval. (c) The name of an officer recommended for promotion by a selection board may be removed from the report of the selection board only by the President. Such action may be taken at any time before the promotion of the officer. (d) Upon approval by the President of the report of a selection board, the names of the officers recommended for promotion by the selection board (other than any name removed by the President) may be disseminated to the armed force concerned. If those names have not been sooner disseminated, those names (other than the name of any officer whose promotion the Senate failed to confirm) shall be promptly disseminated to the armed force concerned upon confirmation by the Senate. (e) Except as authorized or required by this section, proceedings of a selection board convened under this chapter may not be disclosed to any person not a member of the board. (Added P.L. 85–861, § 1(33), Sept. 2, 1958, 72 Stat. 1503, (amended several times], revised in its entirety, P.L. 99-661, §507(a), Nov. 14, 1986, 100 Stat. 3865.) § 5899. Eligibility for consideration for promotion: running mates 9 An officer is in the promotion zone and is eligible for consideration for promotion to the next higher grade by a selection board convened under this chapter when that officer's running mate is in or above the promotion zone established for that officer's present grade under chapter 36 of this title. 8 Section is repealed Oct. 1, 1996, pursuant to sections 1629(b)(2) and 1691(b)(1) of ROPMA. Section is repealed Oct. 1, 1996, pursuant to sections 1629(b)(2) and 1691(b)(1) of ROPMA. (Added P.L. 85-861, §1(33), Sept. 2, 1958, 72 Stat. 1503, (amended several times), revised in its entirety, P.L. 99–661, §507(a), Nov. 14, 1986, 100 Stat. 3865.) $5900. Communication with selection board 10 An officer who is eligible for consideration for promotion by a selection board convened under this chapter has the right to send a communication through official channels, inviting attention to any matter of record in the armed forces concerning himself that he considers important in his case. The communication may not criticize any officer or reflect upon the character, conduct, or motive of any officer. A communication sent under this section must arrive by the time the board convenes. (Added P.L. 85–861, § 1(133), Sept. 2, 1958, 72 Stat. 1504.) § 5901. Numbers that may be recommended for promotion 11 (a) The Secretary of the Navy shall prescribe, subject to section 5892 of this title, and shall furnish to the appropriate selection board convened under this chapter, the number of officers in each category that the Board may recommend for promotion. (b) Within the number to be recommended that the Secretary furnishes to a selection board considering line officers of the Naval Reserve for promotion to any grade, the Secretary may specify numbers of officers of stated qualifications and experience that are required to meet mobilization needs in that grade. (Added P.L. 85-861, §1(133), Sept. 2, 1958, 72 Stat. 1504, and amended P.L. 96513, §503(36), Dec. 12, 1980, 94 Stat. 2914.) § 5902. Promotion lists; eligibility for promotion; date of rank 12 (a) Officers of the Naval Reserve and the Marine Corps Reserve who are recommended for promotion in the report of a selection board convened under this chapter are considered as selected for promotion upon approval of the report by the President. The names of these officers shall be placed on the promotion list for officers of their grade. (b) An officer of the Naval Reserve whose name is on a promotion list established under this section is eligible for promotion to the grade for which selected when the officer who is to be his running mate in the higher grade becomes eligible for promotion under chapter 36 of this title. When promoted, he shall be given the same date of rank as that given to his running mate in the grade to which promoted. (c) An officer of the Marine Corps Reserve whose name is on a promotion list established under this chapter is eligible for promotion to the grade for which selected when the officer who is to be his running mate in the higher grade becomes eligible for promotion under chapter 36 of this title. When promoted, he shall be given the same date of rank as that given to his running mate in the grade to which promoted. (d) The promotion of an officer of the Naval Reserve or the Marine Corps Reserve who is under investigation or against whom 10 Section is repealed Oct. 1, 1996, pursuant to sections 1629(b)(2) and 1691(b)(1) of ROPMA. 11 Section is repealed Oct. 1, 1996, pursuant to sections 1629(b)(2) and 1691(b)(1) of ROPMA 12 Section is repealed Oct. 1, 1996, pursuant to sections 1629(b)(2) and 1691(b)(1) of ROPMA. |