PUBLIC LAW 107-372—DEC. 19, 2002 116 STAT. 3085 SEC. 222. PERSONNEL BOARDS. 33 USC 3022. (a) CONVENING.— At least once a year and at such other times as the Secretary determines necessary, the Secretary shall convene a personnel board. A personnel board shall consist of not less than five officers on the lineal list in the permanent grade of commander or above. (b) DUTIES.— Each personnel board shall— (1) recommend to the Secretary such changes in the lineal list as the board may determine; and (2) make selections and recommendations to the Secretary and President for the appointment, promotion, separation, continuation, and retirement of officers as prescribed in this subtitle and subtitle C. (c) ACTION ON RECOMMENDATIONS NOT ACCEPTABLE. —In a case in which 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 are acceptable. SEC. 223. PROMOTION OF ENSIGNS TO GRADE OF LIEUTENANT 33 USC 3023. (JUNIOR GRADE). (a) IN GENERAL.—An officer in the permanent grade of ensign shall be promoted to and appointed in the grade of lieutenant (junior grade) upon completion of three years of service. The authorized number of officers in the grade of lieutenant (juiiior grade) shall be temporarily increased as necessary to authorize such appointment. (b) SEPARATION OF ENSIGNS FOUND NOT FULLY QUALIFIED. — If an officer in the permanent grade of ensign is at any time found not fully qualified, the officer's commission shall be revoked and the officer shall be separated from the commissioned service. SEC. 224. PROMOTION BY SELECTION TO PERMANENT GRADES ABOVE 33 USC 3024. LIEUTENANT (JUNIOR GRADE). Promotion to fill vacancies in each permanent grade above the grade of lieutenant (junior grade) shall be made by selection from the next lower grade upon recommendation of the personnel board. SEC. 225. LENGTH OF SERVICE FOR PROMOTION PURPOSES. 33 USC 3025. (a) GENERAL RULE.— Each officer shall be assumed to have, for promotion purposes, at least the same length of service as Einy other officer below that officer on the lineal list. (b) EXCEPTION.— Notwithstanding subsection (a), an officer who has lost numbers shall be assumed to have, for promotion purposes, no greater service than the officer next above such officer in such officer's new position on the lineal list. SEC. 226. APPOINTMENTS AND PROMOTIONS TO PERMANENT GRADES. 33 USC 3026. Appointments in and promotions to all permanent grades shall be made by the President, by and with the advice and consent of the Senate. SEC. 227. GENERAL QUALIFICATION OF OFFICERS FOR PROMOTION 33 USC 3027. TO HIGHER PERMANENT GRADE. No officer may be promoted to a higher permanent grade on the active list until the officer has passed a satisfactory mental and physical examination in accordance with regulations prescribed by the Secretary.
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