Pub. L. 84-1028, tit. 10, subtit. C, pt. II, ch. 543, sec. 5701
Navy; line officers: promotion and continuation on the active list
§ 5701. Navy; line officers: promotion and continuation on the active list (a) At least once each year the Secretary of the Navy shall convene the following selection boards to recommend male officers in the line of the Navy for promotion and continuation on the active list: (1) A board to recommend rear admirals not restricted in the performance of duty for continuation on the active list, consisting of five officers of the Regular Navy on the active list or the retired list senior in permanent rank to all officers under consideration. (2) A board to recommend captains restricted in the performance of duty for continuation on the active list, consisting of nine officers serving in the grade of rear admiral or above. (3) A board to recommend captains for promotion to the grade of rear admiral and a board to recommend commanders for promotion to the grade of captain, each consisting of nine officers serving in the grade of rear admiral or above. 337 (4) A board to recommend lieutenant commanders for promotion to the grade of commander, consisting of three officers serving in the grade of rear admiral and six officers serving in the grade of captain. (5) A board to recommend lieutenants for promotion to the grade of lieutenant commander and a board to recommend lieutenants (junior grade) for promotion to the grade of lieutenant, each consisting of nine officers serving in the grade of captain or above. (b) Except as provided in subsections (c) and (d), selection boards convened under clauses (2) through (5) of subsection (a) shall be composed of officers on the active list in the line of the Navy not restricted in the performance of duty. (c) When officers designated for engineering duty, aeronautical engineering duty, or special duty are eligible for consideration by a selection board convened under subsection (a), the Secretary shall appoint, as alternate members of the board, three officers on the active list of the Navy of the same designation and classification as any such eligible officer. If three such officers are not available, he shall appoint as many as are available. Junior members of the board who are not restricted in the performance of duty, in like number, may not act upon the case of any officer designated for engineering duty, aeronautical engineering duty, or special duty. No alternate member may act upon the case of any officer who is not of the same designation as himself. (d) When officers of the Naval Reserve are eligible for consideration by a selection board convened under subsection (a), the Secretary shall appoint an appropriate number of reserve officers, otherwise qualified under this section, as members of the board and shall appoint officers on the active list of the Navy, qualified under this section, to complete the prescribed membership. (e) No officer may be a member of two successive boards for the consideration of officers for promotion to the same grade.