Pub. L. 83-773, tit. V, sec. 518

Sec. 518. (a) A Reserve officer who is recommended for promotion under this title and is not promoted because the President declines to appoint him in the next higher grade, or because the Senate refuses to consent to his appointment after he has been nominated by the President for appointment in a general officer grade— (1) shall continue to be eligible for consideration for promotion as if he had not been considered for that grade by the selection board which recommended him; (2) shall be again considered for promotion by the next appropriate selection board; (3) shall, if recommended for promotion by such selection board, have his name placed on the appropriate recommended list; and (4) shall, if promoted, be credited with the same amount of promotion service in the higher grade as he would have had if promoted as the result of the earlier selection. (b) A Reserve officer in the 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 promoted thereafter because— (1) he is considered by a selection board but is not recommended for promotion; or 68 Stat. 1179 (2) the President again declines to appoint him in the next higher grade; shall, subject to sections 204 and 205 of this Act, if qualified and he applies therefor, be transferred to the Retired Reserve or discharged.