§5905 . Removal from promotion list

(a) The President may remove the name of any reserve officer from a promotion list established under this chapter. Such action may be taken at any time before the promotion of the officer.

(b) The name of a reserve officer selected under this chapter for promotion to a grade above captain in the Navy or above colonel in the Marine Corps shall be removed from the promotion list if the Senate rejects his appointment to the grade for which he has been recommended.

(c) An officer whose name is removed from a promotion list under subsection (a) or (b) continues to be eligible for consideration for promotion. If he is recommended for promotion by the next selection board, and the report of the board is approved by the President, his name shall be placed on the promotion list without prejudice and, if he is promoted, he shall have the same date of rank that he would have had if this name had not been removed. However, if the officer is not recommended for promotion in the approved report of the next selection board, or if he is so recommended but the President removes his name from the promotion list or the Senate rejects his appointment, he is considered for all purposes as having twice failed of selection for promotion.

(Added Pub. L. 85–861, §1(133), Sept. 2, 1958, 72 Stat. 1505 ; amended Pub. L. 96–513, title V, §503(38), Dec. 12, 1980, 94 Stat. 2914 ; Pub. L. 99–661, div. A, title V, §507(b)(3), Nov. 14, 1986, 100 Stat. 3866 ; Pub. L. 100–456, div. A, title V, §502(a), Sept. 29, 1988, 102 Stat. 1966 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 5891 of this title.

Historical and Revision Notes

Revised section	Source (U.S. Code)	Source (Statutes at Large)
5905	50:1309.	Sept. 3, 1954, ch. 1257, §409, 68 Stat. 1169 .

The corresponding provision applicable to regular officers and lineal-list reserve officers is codified in section 5777 of this title. The reason for the difference in language in subsection (b) of this section and section 5777(b) is that Senate confirmation is required for appointments of regular officers in all grades but is not required for appointments of reserve officers in grades below flag and general officer grades.

Amendments

1988-Subsec. (a). Pub. L. 100–456 amended first sentence generally. Prior to amendment, first sentence read as follows: "The name of an officer recommended for promotion by a selection board may be removed from the report of the selection board only by the President."

1986-Subsec. (a). Pub. L. 99–661 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The President may remove the name of any reserve officer from a promotion list established under this chapter".

1980-Subsec. (c). Pub. L. 96–513 substituted "he shall have the same date of rank" for "he shall have the same lineal rank and date of rank".

Effective Date of 1988 Amendment

Section 502(b) of Pub. L. 100–456 provided that: "The amendment made by subsection (a) [amending this section] shall apply to removal actions taken by the President on or after the date of the enactment of this Act [Sept. 29, 1988]."

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.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Ex. Ord. No. 12799. Navy and Marine Corps Reserve Officer Promotions

Ex. Ord. No. 12799, Apr. 7, 1992, 57 F.R. 12401, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3 of the United States Code and section 5905(a) of title 10 of the United States Code, and in order to delegate authority to perform a certain function concerning the promotion of commissioned officers of the Naval Reserve and Marine Corps Reserve, it is hereby ordered as follows:

Section 1. The authority vested in the President by section 5905(a) of title 10 of the United States Code to remove the name of any commissioned officer of the Naval Reserve or Marine Corps Reserve from a promotion list is delegated to the Secretary of Defense in cases concerning promotion to any grade below rear admiral (lower half) or brigadier general, without need for approval, ratification, or other action by the President. Nothing in this section shall be deemed to delegate the authority vested in the President by section 5898(c) of title 10 of the United States Code to remove a name from a selection board report.

Sec. 2. The authority delegated to the Secretary of Defense by this order may be redelegated to the Deputy Secretary of Defense, any of the Assistant Secretaries of Defense, or the Secretary of the Navy, who may further subdelegate such authority to subordinates who are appointed to their office by the President, by and with the advice and consent of the Senate.

Sec. 3. With respect to the functions delegated by this order, all prior actions taken for or on behalf of the President that would have been valid if taken pursuant to this order are ratified.

George Bush.       

Section Referred to in Other Sections

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