§3362. Commissioned officers: selection boards
(a) The Secretary of the Army, or such authority as he directs, shall convene selection boards to consider Reserve commissioned officers under this chapter.
(b) Each board shall be composed of at least five members who are seniors in regular or reserve grade to, and who outrank, any officer considered by that board. Five members of a board constitute a quorum. So far as practicable, at least one-half of the members of the board must be Reserve officers.
(c) A board may not serve longer than one year and a member may not serve on two consecutive boards for promotions to the same grade, if the second board considers any officer considered but not recommended by the first.
(d) Each member of a board must swear that he will perform his duties without prejudice or partiality, having in view the special fitness of officers and the efficiency of the Army.
(e) A recommendation for promotion must be made by the majority of the total membership of the board. Notwithstanding any other provision of law, a board that is to recommend officers for promotion whom it considers to be the best qualified may recommend only those officers whom it also considers to be fully qualified.
(f) An officer eligible for consideration for promotion by a board under this chapter is entitled to send a letter, through official channels, calling attention to any matter of record in the armed forces concerning himself that he considers important to his case. The letter may not criticize any officer or reflect on his character, conduct, or motives. A letter sent under this subsection may not be considered by a selection board unless it is received by the time the board convenes.
(g) The Secretary of the Army shall prescribe regulations to carry out this chapter.
(Added
Repeal of Section
Section repealed effective Oct. 1, 1996, see note set out preceding section 3351 of this title.
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3362(a) 3362(b) |
50:1193(a). 50:1193(b). 50:1193(d) (1st sentence). |
Sept. 3, 1954, ch. 1257, §§203, 303(e) (as applicable to promotion), |
| 3362(c) | 50:1193(c). | |
| 3362(d) | 50:1193(d) (less 1st and last sentences). | |
| 3362(e) | 50:1193(d) (last sentence). | |
| 3362(f) | 50:1193(e). | |
| 3362(g) | 50:1223(e) (as applicable to promotion). |
In subsection (a), the words "and other boards of officers appointed under this chapter" are omitted, since only selection boards are mentioned in this revised chapter. The words "to consider Reserve commissioned officers" are inserted for clarity. The words "competent" and "appointed and" are omitted as surplusage.
In subsection (b), the words "are senior in regular or reserve grade to, and who outrank" are substituted for the words "shall be senior in permanent grade and temporary rank to".
In subsection (c), the words "board upon which he served" are omitted as surplusage.
In subsection (d), the words "his duties" are substituted for the words "the duties imposed on him as a member of such board". The words "officer who is appointed" are omitted as surplusage. The words "or affirm" are omitted as covered by the word "oath" as defined in section 1 of title 1.
In subsection (f), the words "is entitled to send" are substituted for the words "shall have the right to forward". The word "letter" is substituted for the words "written communication". The last sentence is substituted for 50:1193(e) (last 15 words of 1st sentence). The words "to his consideration" are omitted as surplusage.
In subsection (g), the words "not inconsistent with the provisions hereof" are omitted as surplusage.
Amendments
1960-Subsec. (e).
Section Referred to in Other Sections
This section is referred to in sections 123, 3364 of this title.