§5904 . Effect of erroneous omission of name from list furnished to selection board
An officer of the Naval Reserve or the Marine Corps Reserve who has met the requirements for eligibility for consideration for promotion but whose name is omitted by administrative error from the list of officers furnished a selection board is not considered as having failed of selection for promotion by that board. If he is selected for promotion by the next selection board to consider officers of the same grade, he is entitled to the same date of rank and to the pay and allowances of the higher grade for duty performed from the same date as if he had been selected by the board from which his name was erroneously withheld.
(Added
Repeal of Section
Section repealed effective Oct. 1, 1996, see note set out preceding section 5891 of this title.
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5904 | 50:1305(d) (last sentence). | Sept. 3, 1954, ch. 1257, §405(d) (last sentence); added June 30, 1955, ch. 247, §3(d), |
Although officers in categories for which promotion zones are established are the only ones that may be considered as "having failed of selection", this section is not limited to officers in these categories. The source was clearly intended, not only to protect those officers from the consequences of failure of selection but also to protect them and all other reserve officers, including "women officers" and officers in the Nurse Corps, from loss of precedence, pay, and allowances through administrative error.
Section Referred to in Other Sections
This section is referred to in section 123 of this title.