§2119 Failure of selection for promotion

2018—Pub. L. 115–282, § 123(b)(2), substituted “section 2111” for “section 256”. Pub. L. 115–282, § 112(b), renumbered section 262 of this title as this section. 2012—Pub. L. 112–213 amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) describing failure of selection for promotion with an exception made if an officer was not considered because of administrative error.

of 2012 AmendmentAmendment by Pub. L. 112–213 effective Dec. 20, 2012, with provision for convening a special selection board for certain errors occurring on or after the date that is 1 year before Dec. 20, 2012, see section 208(e)(1) of Pub. L. 112–213, set out as a note under section 2118 of this title. Placement Out of Line of Promotion Prior to September 24, 1963 Pub. L. 88–130, § 2(a), (b), Sept. 24, 1963, 77 Stat. 190, provided that: “(a) Officers who have been placed permanently out of line of promotion under laws and

of the Secretary in effect the day before the

of this Act [Sept. 24, 1963] shall be considered as having failed of selection for promotion to the next higher grade for the second time on the day before the

of this Act, and shall be subject to the provisions of sections 282 through 285 [now 2142 through 2145] of title 14, United States Code, as appropriate. No officer shall be separated from the service under the above provisions prior to the last day of the sixth calendar month following the

of this Act. “(b) Officers who have been placed temporarily out of line of promotion for appointment for temporary service under laws and

of the Secretary in effect the day before the

of this Act [Sept. 24, 1963] shall be considered as having once failed of selection for promotion to the next higher grade.”