dreamproit/uscode huggingface dataset:
14 U.S.C. § 3736 (COAST GUARD)
§ 3736. Precedence
(a) Reserve officers rank and take precedence in their respective grades among themselves and with officers of the same grade on the active duty promotion list and the permanent commissioned teaching staff in accordance with their dates of rank. When Reserve officers and officers on the active duty promotion list or the permanent commissioned teaching staff have the same date of rank in a grade, they take prec­edence as determined by the Secretary.
(b) Notwithstanding any other law, a Reserve officer shall not lose precedence when transferred to or from the active duty promotion list, nor shall that officer’s date of rank be changed due to the transfer.
(c) A Reserve officer shall, when on the active duty promotion list, be promoted in the same manner as any other officer on the active duty promotion list regardless of the length of active duty service of the Reserve officer.
(d) Notwithstanding any other law, a Reserve officer shall not lose precedence by reason of promotion to the grade of rear admiral or rear admiral (lower half), if the promotion is determined in accordance with a running mate system.
(e) The Secretary shall adjust the date of rank of a Reserve officer so that no changes of precedence occur.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1008, § 725; amended Pub. L. 108–293, title II, § 220(a), Aug. 9, 2004, 118 Stat. 1039; renumbered § 3736, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 781 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 725 of this title as this section.
2004—Subsecs. (d), (e). Pub. L. 108–293 added subsecs. (d) and (e).
14 U.S.C. § 3738 (COAST GUARD)
§ 3738. Constructive credit upon initial appointment
Under regulations prescribed by the Secretary, a person, appointed as a Reserve officer, may be assigned a date of rank and precedence which reflects that person’s experience, education, or other qualifications. For the purpose of this subchapter only, a person appointed for the purpose of assignment or designation as a judge advocate in the Reserve shall be credited with a minimum of one year service in an active status. A person holding a doctor of philosophy, or a comparable degree, in medicine or in a science allied to medicine as determined by the Secretary, may be credited with a minimum of three years service in an active status if appointed for an assignment comparable to that of an officer in the Navy Medical Department.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1009, § 727; amended Pub. L. 108–293, title II, § 208, Aug. 9, 2004, 118 Stat. 1035; Pub. L. 109–241, title II, § 218(b)(1), July 11, 2006, 120 Stat. 526; renumbered § 3738, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 773 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 727 of this title as this section.
2006—Pub. L. 109–241 substituted “judge advocate” for “law specialist”.
2004—Pub. L. 108–293 substituted “one year” for “three years” in second sentence.
14 U.S.C. § 3739 (COAST GUARD)
§ 3739. Promotion of Reserve officers on active duty
(a) A Reserve officer on active duty, other than for training, duty on a board, or duty of a limited or temporary nature if assigned to active duty from an inactive duty status, shall not be eligible for consideration for promotion under this subchapter; but shall be considered for promotion under chapter 21 of this title. If promoted while serving on active duty the officer shall be considered as having been promoted under this subchapter and shall be an extra number in the grade to which promoted for the purpose of grade distribution as prescribed in this subchapter. Upon release from active duty the officer shall be included in the grade distribution authorized by this subchapter.
(b) Notwithstanding subsection (a) of this section, a Reserve officer who has been selected for promotion to the next higher grade under this subchapter at the time the officer reports for active duty, shall be promoted to that grade under chapter 21 of this title.
(c) A Reserve officer who, at the time the officer is released from active duty, has been selected for promotion to the next higher grade under chapter 21 of this title, shall be promoted to that grade as though selected under this subchapter.
(d) A failure of selection for promotion to the next higher grade occurring under this subchapter or under chapter 21 of this title shall count for all purposes.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1009, § 728; renumbered § 3739 and amended Pub. L. 115–282, title I, §§ 118(b), 123(c)(2)(B), Dec. 4, 2018, 132 Stat. 4233, 4241.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 791 of this title prior to the complete revision of former chapter 21 of this chapter by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282, § 123(c)(2)(B), substituted “chapter 21” for “chapter 11” wherever appearing.
Pub. L. 115–282, § 118(b), renumbered section 728 of this title as this section.
14 U.S.C. § 3741 (COAST GUARD)
§ 3741. Selection boards; appointment
(a) A selection board shall (1) be appointed and convened by the Secretary; (2) consist of at least 50 per centum Reserve officer membership, except in the case of a flag officer selection board where, to the extent practicable, it shall consist of at least 50 per centum Reserve officer membership; (3) consist only of members, Reserve or Regular, senior in grade to any officer being considered by that board; and (4) be composed of not less than five members, which number constitutes a quorum.
(b) A selection board serves for the length of time prescribed by the Secretary, but no board may serve longer than one year. No officer may serve on two consecutive selection boards for the same grade when the second of those boards considers an officer who was considered, but not recommended for promotion, by the first selection board.
(c) Each member of a selection board shall swear that he will, without prejudice or partiality, and having in view both the special fitness required of officers and the efficiency of the Coast Guard, perform the duties imposed upon him. Not less than a majority of the total membership of a selection board shall concur in each recommendation made by the board.
(d) An officer eligible for consideration for promotion by a selection board may forward, through official channels, a written communication inviting the attention of the board to any matter in the officer’s record in the armed forces that, in the opinion of the officer concerned, is important to the board’s consideration. A communication forwarded under this subsection shall arrive in time to allow delivery to the board prior to its convening, and may not criticize or reflect upon the character, conduct, or motive of any officer.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1011, § 730; renumbered § 3741, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 775 of this title prior to the complete revision of former chapter 21 of this chapter by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 730 of this title as this section.
14 U.S.C. § 3743 (COAST GUARD)
§ 3743. Eligibility for promotion
A Reserve officer is eligible for consideration for promotion and for promotion under this subchapter, if that officer is in an active status. A Reserve officer who has been considered but not recommended for retention in an active status by a board convened under subsection 3752(a) 1 of this title, is not eligible for consideration for promotion.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1011, § 732; renumbered § 3743 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 774 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282, § 123(b)(2), substituted “subsection 3752(a)” for “subsection 741(a)”.
Pub. L. 115–282, § 118(b), renumbered section 732 of this title as this section.
14 U.S.C. § 3744 (COAST GUARD)
§ 3744. Recommendation for promotion of an officer previously removed from an active status
A Reserve officer recommended for promotion by a selection board but not promoted because of removal from an active status shall be reconsidered by a selection board after returning to an active status and if selected shall be placed on a recommended list of selectees for promotion. A Reserve officer to whom this section applies is not considered to have failed of selection when eliminated from a list of selectees for promotion solely as a result of being removed from an active status.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1012, § 733; renumbered § 3744, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 777 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 733 of this title as this section.
14 U.S.C. § 3745 (COAST GUARD)
§ 3745. Qualifications for promotion
(a) A Reserve officer shall not be promoted to a higher grade unless the officer has been found to be physically qualified and the character of the officer’s service subsequent to the convening of the selection board which recommended the officer for promotion has been verified as satisfactory.
(b) Subsection (a) of this section does not exclude from promotion a Reserve officer physically disqualified by a medical board for duty at sea or in the field, if the disqualification results from wounds received in the line of duty, and those wounds do not incapacitate the officer for other duties in the grade to which the officer is to be promoted.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1012, § 734; renumbered § 3745, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 786 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 734 of this title as this section.
14 U.S.C. § 3746 (COAST GUARD)
§ 3746. Promotion; acceptance; oath of office
(a) A Reserve officer who has been appointed under this subchapter is considered to have accepted the appointment unless delivery thereof cannot be effected.
(b) A Reserve officer who has served continuously since taking the oath of office prescribed in section 3331 of title 5, is not required to take a new oath of office upon appointment in a higher grade.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1012, § 735; renumbered § 3746, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 797 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 735 of this title as this section.
14 U.S.C. § 3748 (COAST GUARD)
§ 3748. Type of promotion; temporary
Notwithstanding any other law, if a Reserve officer is promoted when the officer’s running mate is promoted and the promotion of the running mate is on a temporary basis, the promotion of the Reserve officer is also on a temporary basis. If subsequently the running mate is reverted to a lower grade, other than for reasons of discipline, incompetence, or at the running mate’s request, the Reserve officer shall likewise revert to the same lower grade with corresponding precedence.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1012, § 737; renumbered § 3748, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 790 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 737 of this title as this section.
14 U.S.C. § 3749 (COAST GUARD)
§ 3749. Effect of removal by the President or failure of consent of the Senate
(a) The President may, for cause, remove the name of any officer from a list of selectees established under section 3740 of this title.
(b) If the Senate, where required, does not consent to the appointment of an officer whose name is on a list of selectees established under section 3740 of this title, that officer’s name shall be removed from the list.
(c) An officer whose name is removed from a list of selectees under subsection (a) or (b) continues to be eligible for consideration for promotion. If selected for promotion by the next selection board and promoted, that officer shall be assigned the date of rank and precedence that would have been assigned if the officer’s name had not been previously removed. However, if the officer is not selected by the next selection board, or if the officer’s name is again removed from the list of selectees, the officer shall be considered for all purposes as having twice failed of selection for promotion.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1013, § 738; renumbered § 3749 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 788 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282, § 118(b), renumbered section 738 of this title as this section.
Subsecs. (a), (b). Pub. L. 115–282, § 123(b)(2), substituted “section 3740” for “section 729”.
heading: Delegation of Functions
text: For assignment of functions of President under subsec. (a) of this section, see section 2(d) of Ex. Ord. No. 13358, Sept. 28, 2004, 69 F.R. 58797, set out as a note under section 301 of Title 3, The President.
14 U.S.C. § 3750 (COAST GUARD)
§ 3750. Failure of selection for promotion
(a) A Reserve officer, other than one serving in the grade of captain, who is, or is senior to, the junior officer in the promotion zone established for the officer’s grade, fails of selection if not selected for promotion by the selection board that considered the officer, or if having been selected for promotion by the board, the officer’s name is thereafter removed from the report of the board by the President.
(b) A Reserve officer is not considered to have failed of selection if the officer was not considered by a selection board because of administrative error. If that officer is selected by the next appropriate selection board after the error is discovered, and is promoted, the same date of rank and precedence shall be assigned that would have been assigned if the officer had been recommended for promotion by the selection board that originally would have considered the officer but for the error.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1013, § 739; renumbered § 3750, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 796 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 739 of this title as this section.
14 U.S.C. § 3753 (COAST GUARD)
§ 3753. Maximum ages for retention in an active status
(a) A Reserve officer, if qualified, shall be transferred to the Retired Reserve on the day the officer becomes 60 years of age unless on active duty. If not qualified for retirement, a Reserve officer shall be discharged effective upon the day the officer becomes 60 years of age unless on active duty.
(b) A Reserve officer on active duty shall, if qualified, be retired effective upon the day the officer become 62 years of age. If not qualified for retirement, a Reserve officer on active duty shall be discharged effective upon the day the officer becomes 62 years of age.
(c) Notwithstanding subsections (a) and (b), the Secretary may authorize the retention of a Reserve rear admiral or rear admiral (lower half) in an active status not longer than the day on which the officer concerned becomes 64 years of age.
(d) For purposes of this section, “active duty” does not include active duty for training, duty on a board, or duty of a limited or temporary nature if assigned to active duty from an inactive duty status.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1014, § 742; amended Pub. L. 97–417, § 2(16), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 108–293, title II, § 209, Aug. 9, 2004, 118 Stat. 1035; Pub. L. 114–120, title II, § 209(13), Feb. 8, 2016, 130 Stat. 41; renumbered § 3753, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 742 of this title as this section.
2016—Subsec. (c). Pub. L. 114–120 substituted “subsections” for “subsection”.
2004—Pub. L. 108–293 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows:
“(a) A Reserve officer, if qualified, shall be transferred to the Retired Reserve on the day the officer becomes sixty-two years of age.
“(b) Notwithstanding subsection (a) of this section, the Secretary may authorize the retention of a Reserve rear admiral or rear admiral (lower half) in an active status not longer than the day on which the officer concerned becomes sixty-four years of age.
“(c) Except as provided for in subsections (a) and (b) of this section, a Reserve officer shall be discharged effective upon the day the officer becomes sixty-two years of age.”
1985—Subsec. (b). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore”.
1983—Subsec. (b). Pub. L. 97–417 inserted “or commodore” after “rear admiral”.
14 U.S.C. § 3754 (COAST GUARD)
§ 3754. Rear admiral and rear admiral (lower half); maximum service in grade
(a) Unless retained in or removed from an active status under any other law, a reserve rear admiral or rear admiral (lower half) shall be retired on July 1 of the promotion year immediately following the promotion year in which that officer completes 4 years of service after the appointment of the officer to rear admiral (lower half).
(b) Notwithstanding any other provision of law, if promotion of inactive duty promotion list officers to the grade of rear admiral is not determined in accordance with a running mate system, a Reserve officer serving in an active status in the grade of rear admiral (lower half) shall be promoted to the grade of rear admiral, if acceptable to the President and the Senate, on the date the officer has served 2 years in an active status in grade of rear admiral (lower half), or in the case of a vacancy occurring prior to having served 2 years in an active status, on the date the vacancy occurs, if the officer served at least 1 year in an active status in the grade of rear admiral (lower half).
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1015, § 743; amended Pub. L. 97–417, § 2(17)(A), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 99–145, title V, § 514(c)(1), (3)(A), Nov. 8, 1985, 99 Stat. 629; Pub. L. 108–293, title II, § 220(d), Aug. 9, 2004, 118 Stat. 1039; renumbered § 3754, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 743 of this title as this section.
2004—Pub. L. 108–293 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “Unless retained in or removed from an active status under any other law, a Reserve rear admiral or rear admiral (lower half) shall be removed from an active status on the day that officer completes four years combined service in the grades of rear admiral and rear admiral (lower half).”
1985—Pub. L. 99–145 substituted references to “rear admiral (lower half)” for “commodore” in section catchline and two places in text.
1983—Pub. L. 97–417 inserted reference to “commodore” in section catchline and text.
14 U.S.C. § 3755 (COAST GUARD)
§ 3755. Appointment of a former Navy or Coast Guard officer
A former officer of the Regular Navy or Coast Guard who applies for a Reserve commission within one year of resigning the officer’s Regular commission, and who is appointed in the same grade previously held in the Regular Navy or Coast Guard, shall be given the same date of rank in that grade as that previously assigned to the officer while a member of the Regular Navy or Coast Guard.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1015, § 744; renumbered § 3755, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 792 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 744 of this title as this section.
14 U.S.C. § 3756 (COAST GUARD)
§ 3756. Grade on entry upon active duty
A Reserve officer ordered to active duty or active duty for training shall be ordered in the grade held; except that the Secretary may authorize a higher grade.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1015, § 745; renumbered § 3756, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 776 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 745 of this title as this section.
14 U.S.C. § 3757 (COAST GUARD)
§ 3757. Recall of a retired officer; grade upon release
(a) When an officer in the Retired Reserve or an officer on a Reserve retired list is recalled to active duty, that officer shall be recalled in a manner similar to the recall of a Regular retired officer.
(b) An officer in the Retired Reserve or an officer on a Reserve retired list recalled to active duty shall upon release therefrom be advanced in the Retired Reserve or on the Reserve retired list to the highest grade held on active duty, if: (1) appointed to a higher grade while on that duty, and (2) the officer’s performance has been satisfactory in the higher grade.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1015, § 746; renumbered § 3757, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 793 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 746 of this title as this section.