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344 majority of the acting members if the board has five acting members or less, the officers recommended are selected as best fitted for continued service on the active list. §5709. Navy and Marine Corps: retention of rear admirals, major generals, and brigadier generals on the active list (a) Each year the Secretary of the Navy may convene a board to recommend rear admirals in the line of the Navy restricted in the performance of duty and rear admirals in any staff corps for retention on the active list. H e shall convene such a board in any year in which he determines that one or more such officers, who would otherwise retire under section 6372 of this title, should be retained on the active list. The board shall be composed of not less than three naval officers. (b) Each year the Secretary may convene a board to recommend officers serving in the grade of major general for retention on the active list. H e shall convene such a board in any year when three or more such officers will be subject to retirement under section 6373 of this title. The board shall be composed of not less than three officers of the Regular Marine Corps or the Regular Navy on the active list or the retired list. (c) Each year the Secretary may convene a board to recommend officers designated for supply duty serving in the grade of brigadier general for retention on the active list. H e shall convene such a board in any year when two or more such officers will be subject to retirement under section 6375 of this title. The board shall be composed of not less than three officers of the Marine Corps serving in the grade of major general or above. (d) The number of officers that may be recommended for retention by any board convened under this section may not exceed the number furnished it by the Secretary. §5710. Reports: submission to President or Secretary of the Navy (a) The report of a board convened under section 5709 of this title to recommend officers for retention on the active list shall be submitted to the Secretary of the Navy for his approval or disapproval. (b) The report of a board convened under section 5701, 5702, 5703, or 5704 of this title shall be submitted to the President for his approval or disapproval. If any officer recommended by such a board is not acceptable to the President, the board shall be informed of the name of that officer and shall, except as provided in subsection (c) of this section, recommend another eligible officer for promotion or for continuation on the active list, as the case may be. If necessary, the board may be reconvened for this purpose. (c) If any woman officer appointed under section 5590 of this title who is recommended for promotion to the grade of lieutenant in the Navy or captain in the Marine Corps is not acceptable to the President, the board shall be informed, the name of that officer shall be removed from the report of the board, and no additional recommendation may be made.
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