§5893. Selection boards: composition

(a) The Secretary of the Navy, or such other authority as he directs, shall appoint and convene selection boards, each consisting of at least five officers, to consider for promotion to the next higher grade-

(1) officers of the Naval Reserve in each grade above ensign and below rear admiral; and

(2) officers of the Marine Corps Reserve in each grade above second lieutenant and below major general.

(b) At least half the members of each selection board convened under this section must be reserve officers so far as practicable. All members of each board must be serving in a grade above the grade in which the officers that are to be considered by the board are serving. An officer may not serve on two consecutive boards to consider officers for promotion to the same grade if the second of the two is to consider any officer who was considered and not recommended for promotion to that grade by the first board. Selection boards convened under this section may serve for as long as the Secretary prescribes, but not longer than one year.

(c) Regardless of the number of officers appointed to a board under this section, five officers constitute a quorum. However, at least a majority of the total membership of the board must concur in each recommendation made by the board.

(Added Pub. L. 85–861, §1(133), Sept. 2, 1958, 72 Stat. 1500 ; amended Pub. L. 91–199, §2, Feb. 26, 1970, 84 Stat. 16 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 5891 of this title.

Section 403 of the Reserve Officer Personnel Act of 1954 (50 U.S.C. 1303) provides that the laws relating to the selection for promotion of officers in the regular components apply to Reserves, except as otherwise provided. Laws governing the promotion of ensigns and second lieutenants and officers in the grade of rear admiral or major general in the regular components do not provide for consideration of these officers by selection boards. Officers in these grades in the reserve components are therefore excepted from the groups to be considered by boards convened under subsection (a).

In subsection (a), the words "and other boards of officers appointed under this chapter", in 50:1193(a), are omitted as without application to the Navy or the Marine Corps. Boards to consider reserve officers for involuntary separation from an active status are the only other boards appointed under the Reserve Officer Personnel Act of 1954, and the convening of these boards is specifically provided for in section 411(f) of that act. (See sections 6389, 6397, and 6403 of this title.)

Amendments

1970-Subsec. (b). Pub. L. 91–199 substituted provision that all members of each board be serving in a grade above the grade in which the officers that are to be considered by the board are serving, for provision that such members be senior in both permanent and temporary grade to all officers that are to be considered by the board.

Section Referred to in Other Sections

This section is referred to in section 123 of this title.