### §2113. Eligibility of officers for consideration for promotion

(a) An officer on the active duty promotion list becomes eligible for consideration for promotion to the next higher grade at the beginning of the promotion year in which he completes the following amount of service computed from his date of rank in the grade in which he is serving:

(1) two years in the grade of lieutenant (junior grade);

(2) three years in the grade of lieutenant;

(3) four years in the grade of lieutenant commander;

(4) four years in the grade of commander; and

(5) three years in the grade of captain.

(b) For the purpose of this section, service in a grade includes all qualifying service in that grade or a higher grade, under either a temporary or permanent appointment. However, service in a grade under a temporary service appointment under section 2125 of this title is considered as service only in the grade that the officer concerned would have held had he not been so appointed.

(c) No officer may become eligible for consideration for promotion until all officers of his grade senior to him are so eligible.

(d) Except when his name is on a list of selectees, each officer who becomes eligible for consideration for promotion to the next higher grade remains eligible so long as he—

(1) continues on active duty; and

(2) is not promoted to that grade.

(e) An officer whose involuntary retirement or separation is deferred under section 2156 of this title is not eligible for consideration for promotion to the next higher grade during the period of that deferment.

(f) The Secretary may waive subsection (a) to the extent necessary to allow officers described therein to have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone.

(g)(1) Notwithstanding subsection (a), the Commandant may provide that an officer may, upon the officer's request and with the approval of the Commandant, be excluded from consideration by a selection board convened under section 2106.

(2) The Commandant shall approve a request 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 Coast Guard, a career progression requirement delayed by the assignment or education, or a qualifying personal or professional circumstance, as determined by the Commandant;

(B) the Commandant determines the exclusion from consideration is in the best interest of the Coast Guard; and

(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 179, §257; amended Pub. L. 94–546, §1(19), Oct. 18, 1976, 90 Stat. 2520; Pub. L. 98–557, §17(b)(1), Oct. 30, 1984, 98 Stat. 2867; Pub. L. 109–241, title II, §203, July 11, 2006, 120 Stat. 520; renumbered §2113 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8202(a), Jan. 1, 2021, 134 Stat. 4642.)

#### **Editorial Notes**

#### Amendments

2021—Subsec. (g). Pub. L. 116–283 added subsec. (g).

2018—Pub. L. 115–282, §112(b), renumbered section 257 of this title as this section.

Subsec. (b). Pub. L. 115–282, §123(b)(2), substituted "section 2125" for "section 275".

Subsec. (e). Pub. L. 115–282, §123(b)(2), substituted "section 2156" for "section 295".

2006—Subsec. (f). Pub. L. 109–241 added subsec. (f).

1984—Subsec. (e). Pub. L. 98–557 added subsec. (e).

1976—Subsec. (a). Pub. L. 94–546, §1(19)(a), substituted "promotion year" for "fiscal year".

Subsec. (d). Pub. L. 94–546, §1(19)(b), struck out cl. (3) "if serving in a grade below captain, has not twice failed of selection for promotion to the next higher grade."