33 U.S.C. § 3022 — Personnel boards

(a) Convening Not less frequently than once each year and at such other times as the Secretary determines necessary, the Secretary must convene a personnel board. (b) Membership (1) In general A board convened under subsection (a) must consist of five or more officers who are serving in or above the permanent grade of the officers under consideration by the board. (2) Retired officers Officers on the retired list may be recalled to serve on such personnel boards as the Secretary considers necessary. (3) No membership on two successive boards No officer may be a member of two successive personnel boards convened to consider officers of the same grade for promotion or separation. (c) Duties Each personnel board must (1) recommend to the Secretary such changes as may be necessary to correct any erroneous position on the lineal list that was caused by administrative error; and (2) make selections and recommendations to the Secretary and the President for the appointment, promotion, involuntary separation, continuation, and involuntary retirement of officers in the commissioned officer corps of the Administration as prescribed in this chapter. (d) Action on recommendations not acceptable If any recommendation by a board convened under subsection (a) is not accepted by the Secretary or the President, the board must make such further recommendations as the Secretary or the President considers appropriate. (e) Authority for officers to opt out of promotion consideration (1) In general The Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps may provide that an officer, upon the officer’s request and with the approval of the Director, be excluded from consideration for promotion by a personnel board convened under this section. (2) Approval The Director must approve a request made by an officer under paragraph (1) only if (A) the basis for the request is to allow the officer to complete a broadening assignment, advanced education, another assignment of significant value to the Administration, a career progression requirement delayed by the assignment or education, or a qualifying personal or professional circumstance, as determined by the Director; (B) the Director determines the exclusion from consideration is in the best interest of the Administration; and (C) the officer has not previously failed selection for promotion to the grade for which the officer requests the exclusion from consideration.