Navy, male line officers; Marine Corps, male officers: eligibility for consideration by selection board

§ 5751. Navy, male line officers; Marine Corps, male officers: eligibility for consideration by selection board (a) Each officer not restricted in the performance of duty who is serving in the grade of brigadier general in the Marine Corps is eligible for consideration for promotion to the grade of major general by a selection board that is convened under chapter 543 of this title in the fiscal year in which he completes three years of service in the grade of brigadier general. (b) Each male officer in the line of the Navy and each male officer of the Marine Corps is eligible for consideration for promotion to the next higher grade by a selection board that is convened, under chapter 543 of this title, in the fiscal year in which he completes the following service in the grade in which he is serving: (1) Three years in the grade of captain in the Navy or colonel in the Marine Corps. (2) Five years in the grade of commander in the Navy or lieutenant colonel in the Marine Corps. 347 (3) Four years in the grade of lieutenant commander in the Navy or major in the Marine Corps. (4) Four years in the grade of lieutenant in the Navy or captain in the Marine Corps. (5) Two years in the grade of lieutenant (junior grade) in the Navy or first lieutenant in the Marine Corps. (c) For the purpose of this section, service in a grade includes all service in that grade or a higher grade, under either a temporary or a permanent appointment. However, service under a temporary appointment which, by its own terms, is limited in duration is considered only as service in the grade that the officer concerned would have held if he had not been so appointed. An officer promoted after August 7, 1947, shall be credited with service in the grade to which promoted only from the date of his eligibility for promotion to that grade. (d) Notwithstanding the provisions of subsections (a), (b), and (c), no officer who has not lost numbers or precedence may become eligible for consideration by a selection board until all officers of his grade senior to him in lineal position are so eligible. (e) Of the officers in any grade designated for limited duty who would otherwise be eligible for consideration for promotion under this section, only the junior officer in the promotion zone for officers designated for limited duty and officers senior to him in the grade concerned are eligible for consideration.