14 U.S.C. § 739 : US Code - Section 739: Failure of selection for promotion

Search 14 U.S.C. § 739 : US Code - Section 739: Failure of selection for promotion

(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.