14 U.S.C. § 3750: Failure of selection for…

Summary

A Reserve officer, except a captain, who is in or above the junior spot in the promotion pool fails selection if the promotion board does not choose them or if the President removes their name after the board chose them. If administrative error kept them off a board, that is not a failure. If the next proper board later selects and promotes them, they get the same promotion date and seniority they would have had.

Title 14, §3750

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(a)A Reserve officer, other than one serving in the grade of captain, who is, or is senior to, the junior officer in the promotion zone established for the officer’s grade, fails of selection if not selected for promotion by the selection board that considered the officer, or if having been selected for promotion by the board, the officer’s name is thereafter removed from the report of the board by the President.

(b)A Reserve officer is not considered to have failed of selection if the officer was not considered by a selection board because of administrative error. If that officer is selected by the next appropriate selection board after the error is discovered, and is promoted, the same date of rank and precedence shall be assigned that would have been assigned if the officer had been recommended for promotion by the selection board that originally would have considered the officer but for the error.

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 796 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.

Amendments

2018—Pub. L. 115–282 renumbered section 739 of this title as this section.

§3750 Failure of Selection for Promotion

Summary

Title 14, §3750

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Citations & Metadata