§5903 . Failure of selection

An officer of the Naval Reserve or the Marine Corps Reserve is considered as having failed of selection for promotion if-

(1) he is in a promotion zone established under this chapter;

(2) his name is furnished to the appropriate selection board; and

(3) he is not selected for promotion.

(Added Pub. L. 85–861, §1(133), Sept. 2, 1958, 72 Stat. 1505 ; amended Pub. L. 90–130, §1(20)(D), Nov. 8, 1967, 81 Stat. 380 ; Pub. L. 99–661, div. A, title V, §507(b)(2), Nov. 14, 1986, 100 Stat. 3866 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 5891 of this title.

The House and Senate reports cited in the revision note on section 5891 of this title state that section 403 of the Reserve Officer Personnel Act of 1954 (50 U.S.C. 1303), "by making applicable to Naval and Marine Corps Reserve officers those provisions of law * * * which relate to the selection for promotion of officers of the Regular components, would * * * provide a definition of failure of selection". The definition of "failure of selection" for regular officers and lineal-list Reserves is codified in section 5776 of this title. Differences between that section and this section are due to differences between the Officer Personnel Act of 1947 and the Reserve Officer Personnel Act of 1954. (1) Under the former Act, officers who are eligible for consideration for promotion include officers above the promotion zone, in the zone, and below the zone, whereas under the latter Act, the zone of eligibility and the promotion zone are identical, because no one is above the zone and no one below the zone is eligible for consideration. (2) There are no reserve officers who are restricted in the performance of duty. Therefore, this section has no counterpart for section 5776 (b). (3) In section 5776, subsection (a) covers male line officers, subsection (c) covers staff corps officers except certain officers in the Nurse Corps and women officers appointed under section 5590 of this title, and subsections (d) and (e) cover the officers excepted from subsection (c). This breakdown is not necessary in the present section. The Reserve Officer Personnel Act of 1954 provides for promotion zones for male line and staff corps officers of the Naval Reserve and male officers of the Marine Corps Reserve, but none for "women officers" or officers in the Nurse Corps Reserve. The latter two classes cannot be considered as having failed of selection, since promotion zones are essential to that concept. The others can, and the rule is the same as to all of them.

The source for subsection (b) has no counterpart in the laws relating to regular and lineal-list reserve officers.

The words "a woman officer appointed under section 5581 of this title" are inserted in this section as required by the act of June 24, 1952, ch. 457, 66 Stat. 155 (34 U.S.C. 21e). These officers are not "women officers" within the meaning of the Reserve Officer Personnel Act of 1954, but are required to be promoted and retired as if they were men. See the revision note on section 5665 of this title.

Amendments

1986-Pub. L. 99–661, §507(b)(2), struck out the subsec. (a) designation and struck out subsec. (b) which provided that an officer of the Naval or Marine Corps Reserve whose name is withheld from consideration by two selection boards from promotion to the same higher grade is considered as having twice failed for selection for promotion to that grade.

1967-Pub. L. 90–130 struck out provisions which excepted women officers of the Naval Reserve and Marine Corps Reserve other than women officers appointed under section 5581 of this title from the effect of this section.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–661 applicable to selection boards convened on or after Nov. 14, 1986, see section 507(c) of Pub. L. 99–661, set out as an Effective Date note under section 5896 of this title.

Section Referred to in Other Sections

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