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14 U.S.C. § 2113 (COAST GUARD)
§ 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.
(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.)
heading: Editorial Notes
heading: Amendments
text: 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.”
14 U.S.C. § 2115 (COAST GUARD)
§ 2115. Selection boards; information to be furnished boards
(a) In General.—
The Secretary shall furnish the appropriate selection board convened under section 2106 of this title with—
(1) the number of officers that the board may recommend for promotion to the next higher grade; and
(2) the names and records of all officers who are eligible for consideration for promotion to the grade to which the board will recommend officers for promotion.
(b) Provision of Direction and Guidance.—
(1) In addition to the information provided pursuant to subsection (a), the Secretary may furnish the selection board—
(A) specific direction relating to the needs of the Coast Guard for officers having particular skills, including direction relating to the need for a minimum number of officers with particular skills within a specialty; and
(B) any other guidance that the Secretary believes may be necessary to enable the board to properly perform its functions.
(2) Selections made based on the direction and guidance provided under this subsection shall not exceed the maximum percentage of officers who may be selected from below the announced promotion zone at any given selection board convened under section 2106 of this title.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 180, § 258; amended Pub. L. 89–444, § 1(17), June 9, 1966, 80 Stat. 196; Pub. L. 104–324, title II, § 212, Oct. 19, 1996, 110 Stat. 3915; Pub. L. 111–281, title II, § 212(2), Oct. 15, 2010, 124 Stat. 2914; renumbered § 2115 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282, § 112(b), renumbered section 258 of this title as this section.
Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251” in introductory provisions.
Subsec. (b)(2). Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251”.
2010—Pub. L. 111–281 designated existing provisions as subsec. (a), inserted heading, substituted “with—” for “with:” in introductory provisions, and added subsec. (b).
1996—Cl. (2). Pub. L. 104–324 struck out “, with identification of those officers who are in the promotion zone” after “officers for promotion”.
1966—Pub. L. 89–444 substituted “officers who are eligible for consideration for promotion to the grade to which the board will recommend officers for promotion” for “officers to be considered by the board” in cl. 2.
14 U.S.C. § 2117 (COAST GUARD)
§ 2117. Selection boards; reports
(a) Each board convened under section 2106 of this title shall submit a report in writing, signed by all the members thereof, containing the names of the officers recommended for promotion and the names of those officers recommended to be advanced to the top of the list of selectees established by the Secretary under section 2121(a) of this title.
(b) A board convened under section 2106 of this title shall certify that, in the opinion of at least a majority of the members if the board has five members, or in the opinion of at least two-thirds of the members if the board has more than five members, the officers recommended for promotion are the best qualified for promotion to meet the needs of the service (as noted in specific direction furnished the board by the Secretary under section 2115 of this title) of those officers whose names have been furnished to the board.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 180, § 260; amended Pub. L. 107–295, title III, § 313(2), Nov. 25, 2002, 116 Stat. 2103; Pub. L. 111–281, title II, § 212(4), Oct. 15, 2010, 124 Stat. 2915; renumbered § 2117 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282, § 112(b), renumbered section 260 of this title as this section.
Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251” and “section 2121(a)” for “section 271(a)”.
Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251” and “section 2115” for “section 258”.
2010—Subsec. (b). Pub. L. 111–281 inserted “to meet the needs of the service (as noted in specific direction furnished the board by the Secretary under section 258 of this title)” after “qualified for promotion”.
2002—Subsec. (a). Pub. L. 107–295 inserted “and the names of those officers recommended to be advanced to the top of the list of selectees established by the Secretary under section 271(a) of this title” before period at end.
14 U.S.C. § 2118 (COAST GUARD)
§ 2118. Selection boards; submission of reports
(a) A board convened under section 2106 of this title shall submit its report to the Secretary. If the board has acted contrary to law or regulation, the Secretary may return the report for proceedings in revision and resubmission to the Secretary. After his final review, the Secretary shall submit the report of the board to the President for his approval, modification, or disapproval.
(b) If any officer recommended for promotion is not acceptable to the President, the President may remove the name of that officer from the report of the board.
(c) Upon approval by the President the names of officers selected for promotion by a board convened under section 2106 of this title shall be promptly disseminated to the service at large.
(d) Except as required by this section, the proceedings of a selection board, including a special selection board convened under section 2120, shall not be disclosed to any person not a member of the board.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 181, § 261; amended Pub. L. 112–213, title II, § 208(b), Dec. 20, 2012, 126 Stat. 1549; renumbered § 2118 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282, § 112(b), renumbered section 261 of this title as this section.
Subsecs. (a), (c). Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251”.
Subsec. (d). Pub. L. 115–282, § 123(b)(2), substituted “section 2120” for “section 263”.
2012—Subsec. (d). Pub. L. 112–213 substituted “selection board, including a special selection board convened under section 263,” for “selection board”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2012 Amendment
text: Pub. L. 112–213, title II, § 208(e)(1), Dec. 20, 2012, 126 Stat. 1549, provided that: “The amendments made by this section [enacting section 263 of this title and amending this section and section 262 of this title] shall take effect on the date of enactment of this Act [Dec. 20, 2012] and the Secretary may convene a special selection board on or after that date under section 263 [now 2120] of title 14, United States Code, with respect to any error or other action for which such a board may be convened if that error or other action occurred on or after the date that is 1 year before the date of enactment of this Act.”
14 U.S.C. § 2119 (COAST GUARD)
§ 2119. Failure of selection for promotion
An officer, other than an officer serving in the grade of captain, who is, or is senior to, the junior officer in the promotion zone established for his grade under section 2111 of this title, fails of selection if he is not selected for promotion by the selection board which considered him, or if having been recommended for promotion by the board, his name is thereafter removed from the report of the board by the President.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 181, § 262; amended Pub. L. 112–213, title II, § 208(c), Dec. 20, 2012, 126 Stat. 1549; renumbered § 2119 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282, § 123(b)(2), substituted “section 2111” for “section 256”.
Pub. L. 115–282, § 112(b), renumbered section 262 of this title as this section.
2012—Pub. L. 112–213 amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) describing failure of selection for promotion with an exception made if an officer was not considered because of administrative error.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2012 Amendment
text: Amendment by Pub. L. 112–213 effective Dec. 20, 2012, with provision for convening a special selection board for certain errors occurring on or after the date that is 1 year before Dec. 20, 2012, see section 208(e)(1) of Pub. L. 112–213, set out as a note under section 2118 of this title.
heading: Placement Out of Line of Promotion Prior to September 24, 1963
text: Pub. L. 88–130, § 2(a), (b), Sept. 24, 1963, 77 Stat. 190, provided that:
“(a) Officers who have been placed permanently out of line of promotion under laws and regulations of the Secretary in effect the day before the effective date of this Act [Sept. 24, 1963] shall be considered as having failed of selection for promotion to the next higher grade for the second time on the day before the effective date of this Act, and shall be subject to the provisions of sections 282 through 285 [now 2142 through 2145] of title 14, United States Code, as appropriate. No officer shall be separated from the service under the above provisions prior to the last day of the sixth calendar month following the effective date of this Act.
“(b) Officers who have been placed temporarily out of line of promotion for appointment for temporary service under laws and regulations of the Secretary in effect the day before the effective date of this Act [Sept. 24, 1963] shall be considered as having once failed of selection for promotion to the next higher grade.”
14 U.S.C. § 2122 (COAST GUARD)
§ 2122. Removal of officer from list of selectees for promotion
(a) The President may remove the name of any officer from a list of selectees established under section 2121 of this title.
(b) If the Senate does not consent to the appointment of an officer whose name is on a list of selectees established under section 2121 of this title, that officer’s name shall be removed from this list.
(c) An officer whose name is removed from a list under subsection (a) or (b) continues to be eligible for consideration for promotion. If he is selected for promotion by the next selection board and promoted, he shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held if his name had not been removed. However, if the officer is not selected by the next selection board or if his name is again removed from the list of selectees, he shall be considered for all purposes as having twice failed of selection for promotion.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 182, § 272; renumbered § 2122 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282, § 112(b), renumbered section 272 of this title as this section.
Subsecs. (a), (b). Pub. L. 115–282, § 123(b)(2), substituted “section 2121” for “section 271”.
14 U.S.C. § 2123 (COAST GUARD)
§ 2123. Promotions; acceptance; oath of office
(a) An officer who receives an appointment under section 2121 of this title is considered to have accepted his appointment on its effective date, unless he expressly declines the appointment.
(b) An officer who has served continuously since he subscribed to the oath of office prescribed in section 3331 of title 5 is not required to take a new oath upon his appointment in a higher grade.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 182, § 273; amended Pub. L. 94–546, § 1(20), Oct. 18, 1976, 90 Stat. 2520; renumbered § 2123 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282, § 112(b), renumbered section 273 of this title as this section.
Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted “section 2121” for “section 271”.
1976—Subsec. (b). Pub. L. 94–546 substituted reference to section 3331 of title 5 for reference to section 16 of title 5.
14 U.S.C. § 2124 (COAST GUARD)
§ 2124. Promotions; pay and allowances
An officer who is promoted under section 2121 of this title shall be entitled to the pay and allowances of the grade to which promoted from his date of rank in such grade.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 182, § 274; renumbered § 2124 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282, § 123(b)(2), substituted “section 2121” for “section 271”.
Pub. L. 115–282, § 112(b), renumbered section 274 of this title as this section.
14 U.S.C. § 2126 (COAST GUARD)
§ 2126. Promotion of officers not included on active duty promotion list
Officers who are not included on the active duty promotion list may be promoted under regulations to be prescribed by the Secretary. These regulations shall, as to officers serving in connection with organizing, administering, recruiting, instructing, or training the reserve components, provide as nearly as practicable, that such officers will be selected and promoted in the same manner and will be afforded equal opportunity for promotion as officers of the corresponding grade on the active duty promotion list.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 183, § 276; renumbered § 2126, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 276 of this title as this section.
14 U.S.C. § 2127 (COAST GUARD)
§ 2127. Recall to active duty during war or national emergency
In time of war or national emergency, the Secretary may order any regular officer on the retired list to active duty.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 189, § 331; renumbered § 2127, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 331 of this title as this section.
heading: Executive Documents
heading: Delegation of Authority
text: For delegation of authority under this section, as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, to Secretary of Homeland Security when Coast Guard is not serving as part of Navy, see section 5 of Ex. Ord. No. 13223, set out as a note under section 12302 of Title 10, Armed Forces.
14 U.S.C. § 2128 (COAST GUARD)
§ 2128. Recall to active duty with consent of officer
(a) Any regular officer on the retired list may, with that officer’s consent, be assigned to such duties as that officer may be able to perform.
(b) The number of retired officers on active duty in the grade of lieutenant commander, commander, or captain shall not exceed 2 percent of the authorized number of officers on active duty in each such grade. However, this limitation does not apply to retired officers of these grades recalled to serve as members of courts, boards, panels, surveys, or special projects for periods not to exceed one year.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 189, § 332; amended Pub. L. 89–444, § 1(18), June 9, 1966, 80 Stat. 196; Pub. L. 91–278, § 1(9), June 12, 1970, 84 Stat. 305; Pub. L. 102–241, § 14, Dec. 19, 1991, 105 Stat. 2213; renumbered § 2128, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 332 of this title as this section.
1991—Subsec. (a). Pub. L. 102–241, § 14(b), substituted “that officer’s” for “his” and “that officer” for “he”.
Subsec. (b). Pub. L. 102–241, § 14(a), substituted “2” for “1”.
1970—Subsec. (a). Pub. L. 91–278 struck out prohibition against recall to duty in time of peace of any officer on retired list who reached age of sixty-two years.
1966—Subsec. (b). Pub. L. 89–444 provided that the percentage limitation on the number of retired officers on active duty in the grade of lieutenant commander, commander, or captain should not apply to retired officers of those grades recalled to serve as members of courts, boards, panels, surveys, or special projects for periods not to exceed one year.
14 U.S.C. § 2129 (COAST GUARD)
§ 2129. Aviation cadets; appointment as Reserve officers
(a) An aviation cadet designated under section 2317 who fulfills the eligibility requirements of section 2003 of title 10 for designation as a naval aviator may be appointed an ensign in the Coast Guard Reserve and designated a Coast Guard aviator.
(b) Aviation cadets who complete their training at approximately the same time are considered for all purposes to have begun their commissioned service on the same date, and the decision of the Secretary in this regard is conclusive.
(Added Pub. L. 89–444, § 1(20), June 9, 1966, 80 Stat. 197, § 373; amended Pub. L. 94–546, § 1(28), Oct. 18, 1976, 90 Stat. 2521; renumbered § 2129 and amended Pub. L. 115–282, title I, § 112(b), title III, § 313, Dec. 4, 2018, 132 Stat. 4216, 4249.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282, § 112(b), renumbered section 373 of this title as this section.
Subsec. (a). Pub. L. 115–282, § 313, inserted “designated under section 2317” after “cadet”.
1976—Subsec. (a). Pub. L. 94–546 substituted reference to section 2003 of title 10 for reference to section 6023(b) of title 10.
14 U.S.C. § 2141 (COAST GUARD)
§ 2141. Revocation of commissions during first five years of commissioned service
The Secretary, under such regulations as he may prescribe, may revoke the commission of any regular officer on active duty who, at the date of such revocation, has had less than five years of continuous service as a commissioned officer in the Regular Coast Guard.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 183, § 281; amended Pub. L. 107–295, title IV, § 416(a)(1), Nov. 25, 2002, 116 Stat. 2121; renumbered § 2141, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 281 of this title as this section.
2002—Pub. L. 107–295 substituted “five” for “three” in section catchline and text.
14 U.S.C. § 2142 (COAST GUARD)
§ 2142. Regular lieutenants (junior grade); separation for failure of selection for promotion
Each officer of the Regular Coast Guard appointed under section 2101 of this title who is serving in the grade of lieutenant (junior grade) and who has failed of selection for promotion to the grade of lieutenant for the second time, shall:
(1) be honorably discharged on June 30 of the promotion year in which his second failure of selection occurs; or
(2) if he so requests, be honorably discharged at an earlier date without loss of benefits that would accrue if he were discharged on that date under clause (1); or
(3) if, on the date specified for his discharge in this section, he is eligible for retirement under any law, be retired on that date.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 184, § 282; amended Pub. L. 94–546, § 1(21), Oct. 18, 1976, 90 Stat. 2520; renumbered § 2142 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282, § 123(b)(2), substituted “section 2101” for “section 211” in introductory provisions.
Pub. L. 115–282, § 112(b), renumbered section 282 of this title as this section.
1976—Pub. L. 94–546 substituted “promotion year” for “fiscal year” in cl. (1).
heading: Statutory Notes and Related Subsidiaries
heading: Retired Pay on or Prior to September 24, 1963
text: Savings provisions in section 5(g) of Pub. L. 88–130 providing that Pub. L. 88–130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 2101 of this title.
heading: Effectiveness of Election, Change, or Revocation of Election of Annuity
text: Savings provisions in section 5(h) of Pub. L. 88–130 providing that notwithstanding section 1431 of Title 10, Armed Forces, an election, change or revocation thereof affecting an annuity, by an officer retired under this section, is effective if made prior to the first day of the third month following September 1963, are set out as a note under section 2101 of this title.