§3846. First lieutenants, captains, and majors not recommended by two selection boards

Except as provided in sections 1005 and 1006 ¹ of this title, an officer in the reserve grade of first lieutenant, captain, or major who, while serving in the reserve grade that he then holds, was considered but not recommended for promotion by two selection boards convened under section 3366 or 3367 of this title, shall, within 90 days after the second selection board submits its report to the convening authority if he is not on active duty or is on active duty for training, or within 120 days after being notified of his failure of selection by the second selection board if he is on active duty (other than for training)-

(1) be transferred to the Retired Reserve, if he is qualified and applies therefor; or

(2) if he is not qualified or does not apply therefor, be discharged from his reserve appointment.

(Added Pub. L. 85–861, §1(94), Sept. 2, 1958, 72 Stat. 1484 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 3841 of this title.

The words "but not recommended" are substituted for the words "and not recommended for promotion by either board".

References in Text

Sections 1005 and 1006 of this title, referred to in text, were renumbered sections 12645 and 12646 of this title, respectively, by Pub. L. 103–337, div. A, title XVI, §1662(h)(2), Oct. 5, 1994, 108 Stat. 2996 .

Section Referred to in Other Sections

This section is referred to in sections 123, 3368, 3855 of this title.

¹ See References in Text note below.