§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) 7½ 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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 180 ; amended Pub. L. 97–417, §2(4), Jan. 4, 1983, 96 Stat. 2085 ; Pub. L. 99–145, title V, §514(c)(1), Nov. 8, 1985, 99 Stat. 629 .)

Amendments

1985-Subsec. (b). Pub. L. 99–145 substituted "rear admiral (lower half)" for "commodore".

1983-Subsec. (b). Pub. L. 97–417 substituted "commodore" for "real admiral".