Navy and Marine Corps; women officers: promotion

§ 5704. Navy and Marine Corps; women officers: promotion (a) At least once each year and at such times as he directs, the Secretary of the Navy shall convene selection boards to recommend women officers on the active list in the line of the Navy for promotion to the grades of commander, lieutenant commander, and lieutenant. The Secretary shall determine the composition of these boards. However, each board shall consist of not less than six or more than nine officers in the line of the Regular Navy on the active list or the retired list. (b) The Secretary shall convene selection boards, for each staff corps in which there are women officers appointed under section 5590 of this title, to recommend officers so appointed for promotion to the grades of commander, lieutenant commander, and lieutenant. The Secretary shall determine the composition of these boards. However, each board shall consist of not less than six or more than nine officers of the Regular Navy in the appropriate staff corps on the active list or the retired list. Each of the boards prescribed by this subsection shall be convened at least once each year as soon as practicable after the report of a corresponding selection board convened under subsection (a) has been approved by the President and at such times as the Secretary directs. (c) At least once each year and at such times as he directs, the Secretary shall convene selection boards to recommend women officers on the active list of the Marine Corps for promotion to the grades 340 of lieutenant colonel, major, and captain. The Secretary shall determine the composition of these boards. However, each board shall consist of not less than six or more than nine officers of the Regular Marine Corps on the active list or the retired list. (d) Notwithstanding subsections (a), (b), and (c), the Secretary is not required to convene a board under this section to recommend women officers for promotion to a grade when— (1) there are no vacancies in the grade concerned and the Secretary estimates that none will occur in the next 12 months; or (2) all women officers in the next lower grade are ineligible for consideration for promotion to the grade concerned.