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33 U.S.C. § 3022 — Personnel boards
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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Stable record: federal_law:legal_authorities:record_usc_e4619a1555beffbedadc3efc
Source file: Laws/federal/codes/united-states-code/title-33/section-3022-personnel-boards--e276d3a07a.md
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Source location: Title 33, Chapter 43, § 3022; chapter-043-national-oceanic-and-atmospheric-administration-commissioned-officer-corps.md
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**(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 personnel board convened under this section.
(2) **Approval** — The Director shall 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.
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Federal law — U.S. Code and appendices · legal_authorities
There shall be in the National Oceanic and Atmospheric Administration a commissioned officer corps.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3001
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3041
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 853p, act June 3, 1948, ch. 390, § 17, 62 Stat. 300, provided that retired pay be based on highest rank held. See [section 3046 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3046&num=0&edition=prelim).
Section 853q, act June 3, 1948, ch. 390, § 18, 62 Stat. 300, provided that Coast and Geodetic Survey Commissioned Officers’ Act of 1948 would not affect retired rank and pay held pursuant to other laws. See [section 3047 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3047&num=0&edition=prelim).
Section 853r, act June 3, 1948, ch. 390, § 19, 62 Stat. 300, related to personnel board. See [section 3022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3022&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 853p to 853r
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Federal law — U.S. Code and appendices · legal_authorities
Page 932
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 3022
1 So in original. The period probably should not appear.
(B) State maritime academy
The term ‘‘State maritime academy’’ has
the meaning given the term in section 51102
of title 46.
(b) Reappointment
(1) In general
Except as provided in paragraph (2), an indi-
vidual who previously served in the commis-
sioned officer corps of the Administration may
be appointed by the Secretary to the grade the
individual held prior to separation.
(2) Reappointments to higher grades
An appointment under paragraph (1) to a po-
sition of importance and responsibility des-
ignated under section 3028 of this title may
only be made by the President.
(c) Qualifications
An appointment under subsection (a) or (b)
may—
(1) be given only to an individual who is a
citizen of the United States; and
(2) not be given.1 to an individual until the
individual’s mental, moral, physical, and pro-
fessional fitness to perform the duties of an of-
ficer has been established under such regula-
tions as the Secretary shall prescribe.
(d) Order of precedence
Appointees under this section shall take prec-
edence in the grade to which appointed in ac-
cordance with the dates of their commissions as
commissioned officers in such grade. The order
of precedence of appointees whose dates of com-
mission are the same shall be determined by the
Secretary.
(e) Inter-service transfers
For inter-service transfers (as described in De-
partment of Defense Directive 1300.4 (dated De-
cember 27, 2006)) the Secretary shall—
(1) coordinate with the Secretary of Defense
and the Secretary of the Department in which
the Coast Guard is operating to promote and
streamline inter-service transfers;
(2) give preference to such inter-service
transfer
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 3022
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