U.S Code last checked for updates: May 04, 2024
§ 3022.
Personnel boards
(a)
Convening
(b)
Membership
(1)
In general
(2)
Retired officers
(3)
No membership on two successive boards
(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
(e)
Authority for officers to opt out of promotion consideration
(1)
In general
(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.
(Pub. L. 107–372, title II, § 222, Dec. 19, 2002, 116 Stat. 3085; Pub. L. 116–259, title III, § 302, Dec. 23, 2020, 134 Stat. 1171.)
cite as: 33 USC 3022