§8367. Commissioned officers: promotion to captain, major, or lieutenant colonel; selection board procedure

(a) When officers in the reserve grade of first lieutenant, captain, or major are to be considered, under section 8366 of this title, by a selection board for promotion to the next higher grade to fill existing or anticipated vacancies, the Secretary of the Air Force may direct the board to-

(1) consider officers whose names are referred to it in the order of their seniority;

(2) recommend those who are fully qualified for promotion;

(3) pass over those not so qualified; and

(4) continue this procedure until the number of officers specified by him is recommended.

(b) When an officer in the reserve grade of first lieutenant, captain, or major must be considered under section 8366(a) of this title for promotion because of length of service, the Secretary may-

(1) furnish to the board a list of officers to be considered for promotion to the grade concerned; and

(2) direct the board to recommend the officers on that list whom it considers fully qualified for promotion.

(c) In place of the procedure prescribed in subsection (a) or (b), the Secretary may furnish to the board a list of officers to be considered and may direct the board to recommend a number specified by him for promotion. The board shall recommend those officers whom it considers to be the best qualified. However, the number recommended by the selection board must be at least 80 percent of those listed for consideration for the first time.

(Added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1525 ; amended Pub. L. 86–559, §1(54), June 30, 1960, 74 Stat. 276 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 8351 of this title.

In subsection (a), the words "in the reserve grade of first lieutenant, captain, or major * * * under section 8366 of this title" and "to the next higher grade" are inserted for clarity. The words "is recommended" are substituted for the words "is obtained". The words "considered", "for promotion", in clause (3), and "to be recommended" are omitted as surplusage.

In subsection (b), the words "under section 8366(a) of this title for promotion because of length of service" are substituted for the words "by a selection board for promotion because he will complete the prescribed number of years of promotion service in grade and total years of service".

In subsection (c), the words "specified by him" are substituted for the word "specific". 50:1342(c) (1st 18 words of last sentence) is omitted as surplusage. 50:1342(d) is omitted as covered by section 8366(f) of this title.

Amendments

1960-Subsec. (c). Pub. L. 86–559 inserted "for the first time" after "listed for consideration".

Section Referred to in Other Sections

This section is referred to in sections 123, 8372 of this title.