14 U.S.C. § 271 : US Code - Section 271: Promotions; appointments

Search 14 U.S.C. § 271 : US Code - Section 271: Promotions; appointments

(a) When the report of a board convened to recommend officers for
promotion has been approved by the President, the Secretary shall
place the names of all officers selected and approved on a list of
selectees in the order of their seniority on the active duty
promotion list. The names of all officers approved by the President
and recommended by the board to be placed at the top of the list of
selectees shall be placed at the top of the list of selectees in
the order of seniority on the active duty promotion list.
(b) Officers on the list of selectees may be promoted by
appointment in the next higher grade to fill vacancies in the
authorized active duty strength of the grade as determined under
section 42 of this title after officers on any previous list of
selectees for that grade have been promoted. Officers shall be
promoted in the order that their names appear on the list of
selectees. The date of rank of an officer promoted under this
subsection shall be the date of his appointment in that grade.
(c) An officer serving on active duty in the grade of ensign may,
if found fully qualified for promotion in accordance with
regulations prescribed by the Secretary, be promoted to the grade
of lieutenant (junior grade) by appointment after he has completed
twelve months' active service in grade. The date of rank of an
officer promoted under this subsection shall be the date of his
appointment in the grade of lieutenant (junior grade) as specified
by the Secretary.
(d) When a vacancy in the grade of rear admiral occurs, the
senior rear admiral (lower half) serving on the active duty
promotion list shall be appointed by the President, by and with the
advice and consent of the Senate, to fill the vacancy. The
appointment shall be effective on the date the vacancy occurred.
(e) Appointments of regular officers under this section shall be
made by the President, by and with the advice and consent of the
Senate except that advice and consent is not required for
appointments under this section in the grade of lieutenant (junior
grade) or lieutenant. Appointments of Reserve officers shall be
made as prescribed in section 12203 of title 10.
(f) The promotion of an officer who is under investigation or
against whom proceedings of a court-martial or a board of officers
are pending may be delayed without prejudice by the Secretary until
completion of the investigation or proceedings. However, unless the
Secretary determines that a further delay is necessary in the
public interest, a promotion may not be delayed under this
subsection for more than one year after the date the officer would
otherwise have been promoted. An officer whose promotion is delayed
under this subsection and who is subsequently promoted shall be
given the date of rank and position on the active duty promotion
list in the grade to which promoted that he would have held had his
promotion not been so delayed.