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33 U.S.C. § 3041 — Involuntary retirement or separation
Federal law — U.S. Code and appendices · legal_authorities
**(a) Transfer of officers to retired list; separation from service** As recommended by a personnel board convened under [section 3022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3022&num=0&edition=prelim)—
(1) an officer in the permanent grade of captain or commander may—
(A) except as provided by subparagraph (B), be transferred to the retired list; or
(B) if the officer is not qualified for retirement, be separated from service; and
(2) an officer in the permanent grade of lieutenant commander, lieutenant, or lieutenant (junior grade) who is not qualified for retirement may be separated from the service.
**(b) Computations** In any fiscal year, the total number of officers selected for retirement or separation under subsection (a) plus the number of officers retired for age may not exceed the whole number nearest 4 percent of the total number of officers authorized to be on the active list, except as otherwise provided by law.
**(c) Effective date of retirements and separations**
(1) **In general** — Subject to paragraph (2), a retirement or separation under subsection (a) shall take effect on such date as is determined by the Secretary.
(2) **Determination of date** — The effective date determined under paragraph (1) for a retirement or separation under subsection (a) shall be—
(A) except as provided by subparagraph (B), not earlier than 60 days after the date on which the Secretary approves the retirement or separation; or
(B) if the officer concerned requests an earlier effective date, such earlier date as is determined by the Secretary.
**(d) Deferment of retirement or separation for medical reasons**
(1) **In general** — If the Secretary determines that the evaluation of the medical condition of
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Source file: Laws/federal/codes/united-states-code/title-33/section-3041-involuntary-retirement-or-separation--a1b6c35542.md
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Source location: Title 33, Chapter 43, § 3041; chapter-043-national-oceanic-and-atmospheric-administration-commissioned-officer-corps.md
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**(a) Transfer of officers to retired list; separation from service** As recommended by a personnel board convened under [section 3022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3022&num=0&edition=prelim)—
(1) an officer in the permanent grade of captain or commander may—
(A) except as provided by subparagraph (B), be transferred to the retired list; or
(B) if the officer is not qualified for retirement, be separated from service; and
(2) an officer in the permanent grade of lieutenant commander, lieutenant, or lieutenant (junior grade) who is not qualified for retirement may be separated from the service.
**(b) Computations** In any fiscal year, the total number of officers selected for retirement or separation under subsection (a) plus the number of officers retired for age may not exceed the whole number nearest 4 percent of the total number of officers authorized to be on the active list, except as otherwise provided by law.
**(c) Effective date of retirements and separations**
(1) **In general** — Subject to paragraph (2), a retirement or separation under subsection (a) shall take effect on such date as is determined by the Secretary.
(2) **Determination of date** — The effective date determined under paragraph (1) for a retirement or separation under subsection (a) shall be—
(A) except as provided by subparagraph (B), not earlier than 60 days after the date on which the Secretary approves the retirement or separation; or
(B) if the officer concerned requests an earlier effective date, such earlier date as is determined by the Secretary.
**(d) Deferment of retirement or separation for medical reasons**
(1) **In general** — If the Secretary determines that the evaluation of the medical condition of an officer requires hospitalization or medical observation that cannot be completed with confidence in a manner consistent with the officer’s well-being before the date on which the officer would otherwise be required to retire or be separated under this section, the Secretary may defer the retirement or separation of the officer.
(2) **Consent required** — A deferment may only be made with the written consent of the officer involved. If the officer does not provide written consent to the deferment, the officer shall be retired or separated as scheduled.
(3) **Limitation** — A deferment of retirement or separation under this subsection may not extend for more than 30 days after completion of the evaluation requiring hospitalization or medical observation.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Convening** Not less frequently than once each year and at such other times as the Secretary determines necessary, the Secretary shall convene a personnel board.
**(b) Membership**
(1) **In general** — A board convened under subsection (a) shall 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 shall—
(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 shall 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3022
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 853a, acts June 3, 1948, ch. 390, § 2, 62 Stat. 297; Pub. L. 87–233, § 1(a), Sept. 14, 1961, 75 Stat. 506; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 105–384, title III, § 307(a), Nov. 13, 1998, 112 Stat. 3457, related to authorized numbers of commissioned officers on the active list of the National Oceanic and Atmospheric Administration. See sections 3004 and 3005 of this title.
Section 853b, act June 3, 1948, ch. 390, § 3, 62 Stat. 298, related to promotion by selection to grades above lieutenant. See [section 3024 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3024&num=0&edition=prelim).
Section 853c, act June 3, 1948, ch. 390, § 4, 62 Stat. 298, related to promotion to the grade of lieutenant and lieutenant commander upon completion of seven and fourteen years of service, respectively.
Section 853d, act June 3, 1948, ch. 390, § 5, 62 Stat. 298, related to promotion to the grade of commander and captain after completion of twenty-one and thirty years of service, respectively.
Section 853e, acts June 3, 1948, ch. 390, § 6, 62 Stat. 298; June 21, 1955, ch. 172, § 4(a), 69 Stat. 169; Pub. L. 87–233, § 1(b), Sept. 14, 1961, 75 Stat. 506, related to promotion and separation from service of ensigns. See [section 3023 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3023&num=0&edition=prelim).
Section 853f, act June 3, 1948, ch. 390, § 7, 62 Stat. 298, related to length of service for purposes of promotion. See [section 3025 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3025&num=0&edition=prelim).
Sect
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 853a to 853l
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Federal law — U.S. Code and appendices · legal_authorities
Page 938
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 3041
section is entitled, while participating in the
program, to the travel and transportation
allowances authorized by section 452 of title
37 for—
(i) travel performed from the residence
of the officer, at the time of release from
active duty to participate in the program,
to the location in the United States des-
ignated by the officer as the officer’s resi-
dence during the period of participation in
the program; and
(ii) travel performed to the residence of
the officer upon return to active duty at
the end of the participation of the officer
in the program.
(B) Single residence
An allowance is payable under this para-
graph only with respect to travel of an offi-
cer to and from a single residence.
(5) Leave balance
An officer who participates in a program
under this section is entitled to carry forward
the leave balance existing as of the day on
which the officer begins participation and ac-
cumulated in accordance with section 701 of
title 10, but not to exceed 60 days.
(g) Promotion
(1) In general
An officer participating in a program under
this section shall not, while participating in
the program, be eligible for consideration for
promotion under this subchapter.
(2) Return to service
Upon the return of an officer to active duty
after completion by the officer of participa-
tion in a program under this section—
(A) the Secretary may adjust the date of
rank of the officer in such manner as the
Secretary shall prescribe in regulations for
purposes of this section; and
(B) the officer shall be eligible for consid-
eration for promotion when officers of the
same competitive category, grade, and se-
niority are eligible for consideration for pro-
motion.
(h) Continued entitlements
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 3041
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