§8377. Commissioned officers: effect of removal from recommended list by President

(a) If a reserve commissioned officer who is recommended for promotion to a reserve grade is not promoted because the President declines to appoint him, or because the Senate does not consent to his appointment after he has been nominated for appointment in a reserve general officer grade, he continues to be eligible as if he had not been considered for promotion and shall be considered by the next appropriate selection board considering officers of his grade. If he is recommended by the next selection board, his name shall be placed on the recommended list. If he is promoted on the recommendation of that board, he shall be credited with the same amount of service, computed under section 8360(e) of this title, in the grade to which promoted, that he would have had if he had been promoted as a result of his original selection.

(b) An officer in the reserve grade of first lieutenant, captain, or major who is not promoted because the President declines to appoint him in the next higher grade, and who is not thereafter promoted because-

(1) he is considered by a selection board but is not recommended for promotion; or

(2) the President again declines to appoint him in the next higher grade;

shall be treated in the manner provided for deferred officers in section 8846 of this title.

(Added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1529 ; amended Pub. L. 86–559, §1(61), June 30, 1960, 74 Stat. 277 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 8351 of this title.

In subsection (a), the words "does not" are substituted for the words "refuses to". The words "on the recommendation of that board" are inserted for clarity. The words "in the grade to which promoted" are substituted for the words "in the higher grade". The words "for consideration for promotion" and "for that grade by the selection board which recommended him" are omitted as surplusage.

Amendments

1960-Subsec. (b). Pub. L. 86–559 substituted "be treated in the manner provided for deferred officers in section 8846 of this title" for ", except as provided in sections 1005 and 1006 of this title, be transferred to the Retired Reserve, if he is qualified and applies therefor, or be discharged from his reserve appointment".

Section Referred to in Other Sections

This section is referred to in sections 123, 8360 of this title.