14 U.S.C. § 259 : US Code - Section 259: Officers to be recommended for promotion

Search 14 U.S.C. § 259 : US Code - Section 259: Officers to be recommended for promotion

(a) A selection board convened to recommend officers for
promotion shall recommend those eligible officers whom the board
considers best qualified of the officers under consideration for
promotion. No officer may be recommended for promotion unless he
receives the recommendation of at least a majority of the members
of a board composed of five members, or at least two-thirds of the
members of a board composed of more than five members.
(b) The number of officers that a board convened under section
251 of this title may recommend for promotion to a grade below rear
admiral (lower half) from among eligible officers junior in rank to
the junior officer in the appropriate promotion zone may not exceed
-
(1) 5 percent of the total number of officers that the board is
authorized to recommend for promotion to the grade of lieutenant
or lieutenant commander;
(2) 7 1/2 percent of the total number of officers that the
board is authorized to recommend for promotion to the grade of
commander; and
(3) 10 percent of the total number of officers that the board
is authorized to recommend for promotion to the grade of captain;
unless such percentage is a number less than one, in which case the
board may recommend one such officer for promotion.
(c)(1) After selecting the officers to be recommended for
promotion, a selection board may recommend officers of particular
merit, from among those officers chosen for promotion, to be placed
at the top of the list of selectees promulgated by the Secretary
under section 271(a) of this title. The number of officers that a
board may recommend to be placed at the top of the list of
selectees may not exceed the percentages set forth in subsection
(b) unless such a percentage is a number less than one, in which
case the board may recommend one officer for such placement. No
officer may be recommended to be placed at the top of the list of
selectees unless he or she receives the recommendation of at least
a majority of the members of a board composed of five members, or
at least two-thirds of the members of a board composed of more than
five members.
(2) The Secretary shall conduct a survey of the Coast Guard
officer corps to determine if implementation of this subsection
will improve Coast Guard officer retention. A selection board may
not make any recommendation under this subsection before the date
on which the Secretary publishes a finding, based upon the results
of the survey, that implementation of this subsection will improve
Coast Guard officer retention.
(3) The Secretary shall submit any finding made by the Secretary
pursuant to paragraph (2) to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.