§5896. Recommendations for promotion by selection boards

(a) A selection board convened under this chapter shall recommend for promotion to the next higher grade those officers considered by the board whom the board, giving due consideration to the needs of the Navy or Marine Corps for officers with particular skills, considers best qualified for promotion within each competitive category considered by the board.

(b) A selection board convened under this chapter may not recommend an officer for promotion unless-

(1) the officer receives the recommendation of a majority of the members of the board; and

(2) a majority of the members of the board finds that the officer is fully qualified for promotion.

(c) Except as otherwise provided by law, an officer of the Naval Reserve or the Marine Corps Reserve may not be promoted to a higher grade under this chapter unless the officer is considered and recommended for promotion to that grade by a selection board convened under this chapter.

(Added Pub. L. 99–661, div. A, title V, §507(a), Nov. 14, 1986, 100 Stat. 3865 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 5891 of this title.

Prior Provisions

A prior section 5896, added Pub. L. 85–861, §1(133), Sept. 2, 1958, 72 Stat. 1501 ; amended Pub. L. 90–130, §1(20)(B), Nov. 8, 1967, 81 Stat. 379 ; Pub. L. 90–179, §12, Dec. 8, 1967, 81 Stat. 549 ; Pub. L. 96–513, title V, §503(34), Dec. 12, 1980, 94 Stat. 2914 ; Pub. L. 97–22, §10(b)(10)(B), July 10, 1981, 95 Stat. 137 , related to officers recommended for promotion by selection boards, prior to repeal by Pub. L. 99–661, §507(a).

Effective Date

Section 507(c) of Pub. L. 99–661 provided that: "The amendments made by this section [enacting sections 5896 to 5899 of this title, amending sections 5903 and 5905 of this title, and repealing former sections 5896 to 5899 of this title] shall apply to selection boards convened on or after the date of the enactment of this Act [Nov. 14, 1986]."

Section Referred to in Other Sections

This section is referred to in section 123 of this title.