33 U.S.C. § 3022: Personnel boards

Summary

The Secretary must call a personnel board at least once a year, and more often if needed. Each board must have five or more officers who hold the same permanent rank or higher than the officers being reviewed. Retired officers can be brought back to serve. No officer can sit on two back-to-back boards that are looking at the same rank for promotion or separation. The board fixes lineal list errors caused by administrative mistakes and sends choices and recommendations to the Secretary and the President about appointments, promotions, involuntary separations, continuations, and involuntary retirements. The Director may let an officer ask to skip promotion consideration, but only with the Director’s OK. The Director must agree only if the reason is for things like a broadening assignment, advanced schooling, another important assignment, a delayed career requirement, or a similar personal or professional reason; if skipping is in the Administration’s best interest; and if the officer has not already failed selection for that rank.

Title 33, §3022

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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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (c)(2), was in the original “this title”, meaning title II of Pub. L. 107–372, Dec. 19, 2002, 116 Stat. 3082, which is classified principally to this chapter. For complete classification of this title to the Code, see

Short Title

note set out under section 3001 of this title and Tables.

Prior Provisions

Provisions similar to those in this section were contained in section 853r of this title prior to repeal by Pub. L. 107–372.

Amendments

2020—Pub. L. 116–259 amended section generally. Prior to amendment, section related to convening, duties and recommendations of personnel boards.

§3022 Personnel Boards