Navy; staff corps officers: promotion and continuation on the active list

§ 5702. Navy; staff corps officers: promotion and continuation on the active list (a) The Secretary of the Navy shall convene the following selection boards to recommend staff corps officers, other than women officers appointed under section 5590 of this title, for promotion and for continuation on the active list: (1) A board for each corps, other than the Medical Service Corps and the Nurse Corps, to recommend captains for continuation on the active list or for promotion to the grade of rear admiral, each consisting of not less than three or more than nine officers serving in the grade of rear admiral or above. (2) A board for each corps and each grade, as appropriate, to recommend commanders, lieutenant commanders, lieutenants, and lieutenants (junior grade) for promotion to the next higher grade, each consisting of not less than six or more than nine officers serving in the grade of captain or above. (b) Except as provided in subsections (c) and (d), each board convened under this section to consider officers in the Medical Corps, the Supply Corps, the Chaplain Corps, the Civil Engineer Corps, or the Dental Corps shall consist of officers of the Regular Navy 338 in the corps concerned on the active list or the retired list, and each board convened under this section to consider officers in the Medical Service Corps or the Nurse Corps shall be composed of officers of the Regular Navy in the Medical Corps on the active list or the retired list. (c) When there is an insufficient number of staff corps officers legally and physically qualified to serve on a board convened under this section, the Secretary shall complete the minimum required membership by appointing as members of the board officers on the active list in the line of the Navy serving in the grades prescribed in subsection (a). (d) When officers of the Naval Reserve are eligible for consideration by a selection board convened under this section, the Secretary shall appoint an appropriate number of reserve officers, otherwise qualified under this section, as members of the board and shall appoint officers of the Regular Navy, qualified under this section, to complete the prescribed membership. (e) Each board prescribed in this section shall be convened at least once each year as soon as practicable after the report of a corresponding selection board for line officers has been approved by the President and at such other times as the Secretary directs. However, a board to recommend officers in the Medical Service Corps for promotion to the grade of captain and boards to recommend officers in the Nurse Corps for promotion to the grades of commander and lieutenant commander need not be convened unless there is a vacancy in the grade concerned or the Secretary estimates or determines that a vacancy will occur during the next 12 months. (f) No officer may be a member of two successive boards convened under this section for the consideration of officers for promotion to the same grade or for the consideration of captains for continuation on the active list.