Commissioned officers; Medical, Dental, and Veterinary Corps: promotion to captain, major, or lieutenant colonel; professional examination

§ 3302. Commissioned officers; Medical, Dental, and Veterinary Corps: promotion to captain, major, or lieutenant colonel; professional examination (a) No commissioned officer of the Medical Corps or the Veterinary Corps whose regular grade is below lieutenant colonel may be promoted in the Regular Army until he passes an examination of his professional fitness before an examining board composed of at least three commissioned officers of the Regular Army in the Medical Corps selected by the Secretary of the Army. No commissioned officer of the Dental Corps whose regular grade is below lieutenant colonel may be promoted in the Regular Army until he passes an examination of his professional fitness before an examining board composed of one commissioned officer of the Regular Army in the Medical Corps, and two commissioned officers of the Regular Army in the Dental Corps, selected by the Secretary. The examination shall be prescribed by the Secretary and shall be held at such time before the right to promotion accrues as may be in the best interest of the Army. (b) If an officer of the Medical, Dental, or Veterinary Corps in the regular grade of first lieutenant or captain is found disqualified for promotion by the examining board, the Secretary shall detail a board of review to consider the findings of the examining board. (c) A board of review shall be composed in the same manner as an examining board, except that its members must be senior in rank to the officer examined, and must not have served on the examining board that examined him. (d) If the board of review concurs in the findings of the examining board, the officer shall be honorably discharged with one year’s pay. If it does not concur in the findings, the officer shall be considered qualified and shall be promoted. 188 (e) An officer of the Medical, Dental, or Veterinary Corps in the regular grade of major who fails his first examination for promotion shall be suspended from promotion and reexamined as soon as practicable after one year from the date of his first examination. While he is so suspended from promotion, his name shall be removed from the recommended list and the years of service with which he is entitled to be credited for promotion purposes shall be reduced, if necessary, as provided in section 3303 (b) of this title. (f) If on reexamination such a major is found qualified, his name shall be restored to the recommended list and he is eligible for promotion. If he is found disqualified for promotion, he shall be treated in the manner provided for deferred officers under section 3303 (d) of this title. (g) While an officer is suspended from promotion under subsection (e), his right to promotion passes successively to the officers below him who are in the same grade and on the same promotion list, and who are or may become eligible for promotion. (h) If the needs of the Army require that an officer entitled to promotion upon examination under subsection (a) be absent from a place where an examining board can be convened, the officer may be promoted, subject to examination as soon as practicable. However, if he is thereafter examined and found disqualified for that promotion, and if the proceedings are approved by the Secretary, he shall be treated as if he had been examined before promotion and had failed. (i) If an officer who is found qualified for promotion under this section dies in line of duty after the occurrence of a vacancy that would entitle him to that promotion because of his seniority and before promotion, the President may issue, or have issued, an appropriate commission in the name of that officer. A commission issued under this subsection shall issue as of the date of the vacancy, and the officer’s name shall be carried on the records of the Department of the Army as if he had served in the grade and branch in which posthumously commissioned, from the date of the vacancy to the date of his death. No person is entitled to any bonus, gratuity, pay, or allowance because of this subsection.