14 U.S.C. § 289 : US Code - Section 289: Captains; continuation on active duty; involuntary retirement

Search 14 U.S.C. § 289 : US Code - Section 289: Captains; continuation on active duty; involuntary retirement

(a) The Secretary may, whenever the needs of the service require,
but not more often than annually, convene a board consisting of not
less than six officers of the grade of rear admiral (lower half) or
rear admiral to recommend for continuation on active duty officers
on the active duty promotion list serving in the grade of captain,
who during the promotion year in which the board meets will
complete at least three years' service in that grade and who have
not been selected for promotion to the grade of rear admiral (lower
half). Officers who are subject to retirement under section 288 of
this title during the promotion year in which the board meets shall
not be considered by this board.
(b) Whenever he convenes a board under this section, the
Secretary shall establish a continuation zone. The zone shall
consist of the most senior captains eligible for consideration for
continuation on active duty who have not previously been placed in
a continuation zone under this section. The Secretary shall, based
upon the needs of the service, prescribe the number of captains to
be included in the zone.
(c) Based on the needs of the service the Secretary shall furnish
the board with the number of officers that may be recommended for
continuation on active duty. This number shall be no less than 50
percent of the number considered. The board shall select from the
designated continuation zone, in the number directed by the
Secretary, those officers who are, in the opinion of the board,
best qualified for continuation on active duty.
(d) The provisions of sections 253, 254, 258, and 260 of this
title relating to selection for promotion shall, to the extent that
they are not inconsistent with the provisions of this section,
apply to boards convened under this section.
(e) The Secretary shall prescribe by regulation the detailed
procedures whereby officers in a continuation zone will be selected
for continuation on active duty.
(f) A board convened under this section shall submit its report
to the Secretary. If the board has acted contrary to law or
regulation, the Secretary may return the report for proceedings in
revision and resubmission to the Secretary. After his final review
the Secretary shall submit the report of the board to the President
for his approval. Except as required by the procedures of this
section, the proceedings of the board shall not be disclosed to any
person not a member of the board.
(g) Each officer who is considered but not recommended for
continuation on active duty under the provisions of this section
shall, unless retired under some other provision of law, be retired
on June 30 of the promotion year in which the report of the
continuation board convened under this section is approved, or the
last day of the month in which he completes twenty years of active
service, whichever is later.
(h) Notwithstanding subsection (g) and section 288 of this title,
the Commandant may by annual action retain on active duty from
promotion year to promotion year any officer who would otherwise be
retired under subsection (g) or section 288 of this title. An
officer so retained, unless retired under some other provision of
law, shall be retired on June 30 of that promotion year in which no
action is taken to further retain the officer under this
subsection.