Commissioned officers: effect of removal from recommended list by President or failure of confirmation by Senate

§ 8308. Commissioned officers: effect of removal from recommended list by President or failure of confirmation by Senate The President may remove from a recommended list for promotion to any grade the name of any promotion-list officer or brigadier general of the Regular Air Force who in his opinion is not qualified for promotion. If an officer’s name is so removed, or if the Senate does not consent to his appointment, he continues to be eligible as if he had not been considered for promotion and may be recommended by the next selection board considering officers of his grade. If he is promoted on the recommendation of that board, he has the same date of rank and place on the promotion list that he would have had if he had been promoted as a result of his original selection. If the second board considers but does not recommend an officer who would be subject to elimination for second failure of selection for promotion to the grade concerned, or if he again fails of promotion because his name is removed from the recommended list by the President or because the Senate does not consent to his appointment, he shall be eliminated from the active list under section 8303 of this title.