14 U.S.C. § 290 : US Code - Section 290: Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement

Search 14 U.S.C. § 290 : US Code - Section 290: Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement

(a) The Secretary shall from time to time convene boards to
recommend for continuation on active duty the most senior officers
on the active duty promotion list serving in the grade of rear
admiral (lower half) or rear admiral who have not previously been
considered for continuation in that grade. Officers serving for the
time being or who have served in the grade of vice admiral are not
subject to consideration for continuation under this subsection,
and as to all other provisions of this section shall be considered
as having been continued in the grade of rear admiral. A board
shall consist of at least five officers serving in the grade of
vice admiral or as rear admirals previously continued. Boards shall
be convened frequently enough to assure that each officer serving
in the grade of rear admiral (lower half) or rear admiral is
subject to consideration for continuation during a promotion year
in which that officer completes not less than four or more than
five years combined service in the grades of rear admiral (lower
half) and rear admiral.
(b) The Secretary shall, based upon the needs of the service,
furnish each board convened under this section with the number of
officers to be considered for continuation on active duty. The
number that may be recommended for continuation shall be not less
than 50 per centum or more than 75 per centum of the number of
officers being considered for continuation.
(c) The provisions of sections 253, 254, 258, and 260 of this
title relating to selection and continuation boards shall to the
extent they are not inconsistent with the provisions of this
section, apply to boards convened under this section.
(d) 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 final review the
Secretary shall submit the report of the board to the President for
approval.
(e) Each officer who is considered but not continued on active
duty under the provisions of this section shall, unless retired
under some other provision of law, be retired on July 1 of the
promotion year immediately following the promotion year in which
the report of the continuation board convened under this section is
approved.
(f)(1) Unless retired under another provision of law, each
officer who is continued on active duty under this section shall,
except as provided in paragraph (2), be retired on July 1 of the
promotion year immediately following the promotion year in which
that officer completes seven years of combined service in the
grades of rear admiral (lower half) and rear admiral, unless that
officer is selected for or serving in the grade of admiral or vice
admiral or the position of Superintendent of the Coast Guard
Academy.
(2) The Commandant, with the approval of the Secretary, may by
annual action retain on active duty from promotion year to
promotion year any officer who would otherwise be retired under
paragraph (1). Unless selected for or serving in the grade of
admiral or vice admiral or the position of Superintendent of the
Coast Guard Academy, or retired under another provision of law, an
officer so retained shall be retired on July 1 of the promotion
year immediately following the promotion year in which no action is
taken to further retain that officer under this paragraph.
(g)(1) Unless retired under another provision of law, an officer
subject to this section shall, except as provided in paragraph (2),
be retired on July 1 of the promotion year immediately following
the promotion year in which that officer completes a total of
thirty-six years of active commissioned service unless selected for
or serving in the grade of admiral.
(2) The Commandant, with the approval of the Secretary, may by
annual action retain on active duty from promotion year to
promotion year any officer who would otherwise be retired under
paragraph (1). Unless selected for or serving in the grade of
admiral or retired under another provision of law, an officer so
retained shall be retired on July 1 of the promotion year
immediately following the promotion year in which no action is
taken to further retain that officer under this paragraph.