§3368. Commissioned officers: promotion of first lieutenants, captains, and majors not assigned to units; second consideration

An officer in the reserve grade of first lieutenant, captain, or major who is considered, but not recommended, by a selection board under section 3366 or 3367 of this title shall, if he remains in an active status, be placed on the next zone of consideration list established under either of those sections for the consideration of officers of his branch and grade. If he is again considered under section 3366 of this title and is recommended for promotion, he shall be promoted one year after the date on which he would have been promoted if he had been recommended by the board that first considered him. However, if, upon second consideration under either section, he is not recommended for promotion, he may not thereafter be considered for promotion or examined for Federal recognition and shall be treated as prescribed in section 3846 of this title.

(Added Pub. L. 85–861, §1(80)(E), Sept. 2, 1958, 72 Stat. 1474 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 3351 of this title.

The last 12 words of the last sentence are inserted to reflect section 3846 of this title. The words "under either section" are inserted for clarity. The word "nonunit" is omitted since sections 3366 and 3367 cover only that kind of officer.

Section Referred to in Other Sections

This section is referred to in sections 123, 3363, 3364 of this title.