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FY 2011 Major Promotion List
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Captain Wacker, et al,
10 U.S.C. Section 629(c)(1) provides that an officer will be removed from the selection list if he is not appointed within 18 months from the date the original scroll is approved by the Senate. Subparagraph (2) provides that the President may authorize a 12-month extension of this time period.
In this case, the FY11 Major Promotion List was approved by the Senate of 15 Dec 09. Therefore, the 18-month period will expire on 1 Jun 11. We should be able to get the 12-month extension without any problem, so the actual deadline for removal should be 1 Jun 12 for this case.
If this case results in removal by operation of law, subsection (d) provides that the officer remains eligible for the next promotion board and, if selected, the Secretary may grant the original date of rank as if he had never been removed.