§2150 Captains; Continuation on Active Duty; Involuntary Retirement

Summary

The Secretary may hold a review board, no more than once a year, made up of at least six officers who are rear admiral (lower half) or rear admiral. The board looks at captains on the active-duty promotion list who will have served at least three years as captain during that promotion year and who were not picked for promotion to rear admal (lower half). Captains facing retirement under section 2149 during that year are not reviewed. When the board meets, the Secretary creates a “continuation zone” of the most senior eligible captains who have not been in a zone before and decides how many to include. The Secretary also tells the board how many it may keep on active duty; that number must be at least 50% of those considered. The board picks the best-qualified officers from the zone. The Secretary must write rules for the process, review the board report, return it if it breaks the law, and then send it to the President. Reports stay confidential. Any captain considered but not kept will be retired either on June 30 of that promotion year or on the last day of the month they reach 20 years of active service, whichever is later. The Commandant may annually keep an officer who would otherwise be retired, but if no further action is taken that officer must retire on June 30 of that promotion year.