Section 7. Promotion to Grades of Major and Lieutenant-Colonel — Elimination of Those Promoted. —
Promotion list officers shall be promoted to and appointed in the permanent grade of major and lieutenant-colonel in the Regular Force or eliminated from the active list as hereinafter in this section prescribed.
Based upon the number of vacancies existing and anticipated in any promotion list in the grade of major and lieutenant-colonel, selection boards shall consider and recommend for promotion to such grade officers of that list in permanent grades of captain and major, respectively, irrespective of the length of service of such officers. The number to be recommended shall not exceed the number of vacancies existing and anticipated.
When officers in the grade of captain and major are to be considered by a selection board for promotion to the grade of major and lieutenant-colonel, respectively, to fill vacancies in these grades, existing or anticipated, selection boards shall consider officers in the grades of captain or major as the case may be in the order of their seniority as their names appear on the promotion list concerned, recommend those who are fully qualified for promotion to the grade concerned, pass over those who are not fully qualified for promotion to such grade, and continue such procedure until a specified number of recommended officers is obtained: Provided, That for the purpose of filling every third vacancy in the grade for major or lieutenant-colonel in any promotion list, existing or anticipated, the selection board may recommend the best qualified officer, irrespective of his place in the promotion list: Provided, further, That any officer who is passed over by virtue of not having been selected for promotion pursuant to the preceding proviso, shall not be considered as a "deferred officer" as defined in subsection (e) of this section.
No officer in any list submitted by any selection board shall be appointed in the grade for which recommended ahead of any other officer whose name appears above his on such list.
The phrase "deferred officer" as used in this section means any officer considered and not recommended by any selection board for the grade of major or lieutenant-colonel under the provisions of this section. Each "deferred officer" shall suffer loss in the precedence for promotion purposes to those officers who were recommended by the selection board which failed to recommend him. Such loss in precedence for promotion purposes shall not result in any loss in seniority by such deferred officer until his juniors are promoted to the next higher grade.
Deferred officers in any grade shall be considered a second time by the next selection board designated for consideration of officers of his grade and promotion list. If an officer fails of selection for any grade but is subsequently recommended and promoted to that grade, his failure in the grade from which promoted shall not in any sense be counted as a failure of selection when he is subsequently considered for further promotion. If a "deferred officer" is not recommended by the next consecutive selection board, he shall be eliminated from the active list of the Regular Force and separated under the provisions of section twenty-two (g) of the National Defense Act, as amended, or any other law which may hereafter be provided for such purpose.
Promotions and appointments to fill vacancies may be made at any time, but it is not mandatory that the authorized numbers in grades in the several promotion lists be maintained.