A bill to revise the laws relating to the Coast Guard Reserve.
PL 96-322 (H.R.6666), enacted 08/04/1980

94 STAT. 1002 
PUBLIC LAW 96-322—AUG. 4, 1980 
Aug. 4, 1980 
[H.R. 6666] 
Cojist Guard 
Reserve. 
Law revisions. 
14 use 701 et 
seq. 
Public Law 96-322 
96th Congress 
An Act 
To revise the laws relating to the Coast Guard Reserve. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That chapter 21 of 
title 14, United States Code, is amended to read as follows: 
"CHAPTER 21—COAST GUARD RESERVE 
"SUBCHAPTER A 
GENERAL 
"Sec. 
"701. Organization. 
"702. Authorized strength. 
"703. Coast Guard Reserve Boards. 
"704. Grades and ratings; military authority. 
"705. Benefits. 
"706. Temporary members of the Reserve; eligibility and compensation. 
"707. Temporary members of the Reserve; disability or death oenefits. 
"708. Temporary members of the Reserve; certificate of honorable service. 
"709. Reserve student aviation pilots; reserve aviation pilots; appointments in com-
missioned grade. 
"710. Appointment or wartime promotion; retention of grade upon release from 
active duty. 
"711. Exemption from military training and draft; exclusiveness of service. 
"712. Active duty for emergency augmentation of regular forces. 
"713. Enlistment of members engaged in schooling. 
"SUBCHAPTER B 
"COMMISSIONED OFFICERS 
"720. Definitions. 
"721. Applicability of this subchapter. 
"722. Suspension of this subchapter in time of war or national emergency. 
"723. Effect of this subchapter on retirement and retired pay. 
"724. Authorized number of officers. 
"725. Precedence. 
"726. Running mates. 
"727. Constructive credit upon initial appointment. 
"728. Promotion of Reserve officers on active duty. 
"729. Promotion; recommendations of selection boards. 
"730. Selection boards; appointment. 
"731. Placement in promotion zone; consideration for promotion. 
"732. Eligibility for promotion. 
"733. Rea)mmendation for promotion of an officer. 
"734. Qualifications for promotion. 
"735. Promotion; acceptance; oath of office. 
"736. Date of rank upon promotion; entitlement to pay. 
"737. Type of promotion; temporary. 
"738. Effect of removal by the President or failure of consent of the Senate. 
"739. Failure of selection for promotion. 
"740. Failure of selection and removal from active status. 
"741. Retention boards; removal from an active status to provide a fiow of 
promotion. 
"742. Maximum ages for retention in an active status. 
"743. Rear admiral; maximum service in grade. 
PUBLIC LAW 96-322—AUG. 4, 1980 
94 STAT. 1003 
"744. Appointment of a former Navy or Coast Guard officer. 
"745. Grade on entry upon active duty. 
"746. Recall of a retired officer; grade upon release. 
"SUBCHAPTER A 
"GENERAL 
"§701. Organization 
14 use 70i. 
"The Coast Guard Reserve is a component of the Coast Guard. It 
shall be organized, administered, trained, and supplied under the 
direction of the Commandant. 
"§702. Authorized strength 
14 use 702. 
"(a) The President shall prescribe the authorized strength of the 
Coast Guard Reserve if not otherwise prescribed by law. 
"(b) Subject to the authorized strength of the Coast Guard Reserve, 
the Secretary shall determine, at least annually, the authorized 
strength in numbers in each grade necessary to provide for mobiliza-
tion requirements. Without the consent of the member concerned, a 
member of the Reserve may not be reduced in grade because of the 
Secretary's determination. 
"§703. Coast Guard Reserve Boards 
14 use 703 
"(a) The Secretary shall convene a Coast Guard Reserve Policy Report. 
Board at least annually to consider, recommend, and report to the Membership. 
Secretary on Reserve policy matters. At least one-half of the mem-
bers of the Board shall be Reserve officers. 
"(b) The Secretary may convene any other Reserve Board the 
Secretary considers necessary. 
"§704. Grades and ratings; military authority 
14 use 704. 
"The grades and ratings in the Reserve, including cadets but not 
grades above rear admiral, are those prescribed by law or regulation 
for the Coast Guard. A member of the Reserve on active duty or 
inactive-duty training has the same authority, rights, and privileges 
in the performance of that duty as a member of the Regular Coast 
Guard of corresponding grade or rating, 
"§ 705. Benefits 
14 use 705. 
"(a) A member of the Reserve on active duty, on inactive-duty 
training, or engaged in authorized travel to or from that duty, is 
entitled to the same benefits as a member of the Naval Reserve of 
corresponding grade, rating, and length of service. In determining 
length of service for the purpose of this section, there shall be 
included all service for which credit is given by law to members of the 
Regular Coast Guard. 
"(b) Chapter 13 of this title applies to a member of the Reserve 14 use 461. 
under the same conditions and limitations as it applies to a member 
of the Regular Coast Guard. 
"(c) A meniber of the Reserve who suffers sickness, disease, disabil-
ity, or death is entitled to the same benefits as prescribed by law for a 
member of the Naval Reserve who suffers sickness, disease, disabil-
ity, or death under similar conditions. 
"(d) A member of the Reserve on active duty or when retired for 
disability is entitled to the benefits of section 253(a) of title 42. A 
member of the Reserve when on active duty (other than for training) 
94 STAT. 1004 
PUBLIC LAW 96-322—AUG. 4, 1980 
or when retired for disability is entitled to the benefits of chapter 55 
10 use 1071 et 
of title 10. 
*^^" 
"(e) A member of the Reserve, except an enlisted member retiring 
on the basis of years of active service, is entitled to the same 
retirement rights, benefits, and privileges as prescribed by law for a 
member of the Naval Reserve, and wherever a law confers authority 
upon the Secretary of the Navy, similar authority is given to the 
Secretary to be exercised with respect to the Coast Guard when the 
Coast Guard is not operating as a service in the Navy. An enlisted 
member of the Reserve who retires on the basis of years of active 
service is entitled to the same retirement rights, benefits, and 
privileges as prescribed by law for an enlisted member of the Regular 
Coast Guard. 
14 use 706. 
"§706. Temporary 
members of the Reserve; eligibility and 
compensation 
"A citizen of the United States, its territories, or possessions who is 
a member of the Auxiliary, an officer or member of the crew of a 
motorboat or yacht placed at the disposal of the Coast Guard, or a 
person (including a Government employee without pay other than 
the compensation of that person's civilian position) who by reason of 
special training and experience is considered by the Commandant to 
be qualified for duty, may be enrolled by the Commandant as a 
temporary member of the Reserve, for duty under conditions the 
Commandant may prescribe, including part-time and intermittent 
active duty with or without pay, without regard to age. The Comman-
dant is authorized to define the powers and duties of temporary 
members of the Reserve, and to confer upon them, appropriate to 
their qualifications and experience, the same grades and ratings as 
provided for members of the Reserve. When performing active duty 
with pay as authorized by this section, temporary members of the 
Reserve are entitled to receive the pay and allowances of their rank, 
grade, or rating. 
14 use 707. 
"§707. Temporary members of the Reserve; disability or death 
beneHts 
"(a) If a temporary member of the Reserve is physically injured, or 
dies as a result of physical injury, and the injury is incurred incident 
to service while performing active duty, or engaged in authorized 
travel to or from that duty, the law authorizing compensation for 
employees of the United States suffering injuries while in the 
performance of their duties, applies, subject to this section. That law 
shall be administered by the Secretary of Labor to the same extent as 
if the member was a civil employee of the United States and was 
injured in the performance of that duty. For benefit computation, 
regardless of pay or pay status, the member is considered to have had 
monthly pay of $600. 
"(b) This section does not apply if the workmen's compensation law 
of a State, a territory, or another jurisdiction provides coverage 
because of a concurrent employment status of the temporary 
member. When the temporary member or a dependent is entitled to a 
benefit under this section and also to a concurrent benefit from the 
United States on account of the same disability or death, the 
temporary member or dependent, as appropriate, shall elect which 
benefit to receive. 
Investigation. 
"(c) If a claim is filed under this section with the Secretary of Labor 
for benefits because of an alleged injury or death, the Secretary of 
Labor shsdl notify the Commandant who shall direct an investigation 
PUBLIC LAW 96-322—AUG. 4, 1980 
94 STAT. 1005 
into the facts surrounding the alleged injury or death. The Comman-
dant shall then certify to the Secretary of Labor whether or not the 
injured or deceased person was a temporary member of the Reserve, 
the person's military status, and whether or not the injury or death 
was incurred incident to military service. 
"(d) A temporary member of the Reserve, who incurs a physical 
disability or contracts sickness or disease while performing a duty to 
which the member has been assigned by competent authority, is 
entitled to the same hospital treatment afforded a member of the 
Regular CJoast Guard. 
"(e) In administering section 8133 of title 5, for a person covered by 
this section— 
"(1) the percentages applicable to pajmients under that section 
are— 
"(A) 45 per centum under subsection (aX2) of that section, 
where the member died fully or currently insured under title 
II of the Social Security Act, with no additional payments for 42 use 401. 
a child or children so long as the widow or widower remains 
eligible for pajnnents under that subsection; 
"(B) 20 per centum under subsection (a)(3) of that section, 
for one child, and 10 per centum additional for each 
additional child, not to exceed a total of 75 per centum, 
where the member died fully or currently insured under title 
II of 
the Social Security Act; and 
"(C) 25 per centum under subsection (a)(4) of that section, 
if one parent was wholly dependent for support upon the 
deceased member at the time of the member s death and the 
other was not dependent to any extent; 16 per centum to 
each if both were wholly dependent; and if one was, or both 
were, partly dependent, a proportionate amount in the 
discretion of 
the Secretary of Labor; 
"(2) pa3Tnents may not be made under subsection (aX5) of that 
section; and 
"(3) the Secretary of Labor shall inform the Secretary of 
Health and Human Services whenever a claim is filed and 
eligibility for compensation is established under subsection (a)(2) 
or (a)(3) of section 8133 of title 5. The Secretary of Health and 
Human Services shall then certify to the Secretary of Labor 
whether or not the member concerned was fully or currently 
insured under title II of the Social Security Act at the time of the 
member's death. 
"§708. Temporary members of the Reserve; certificate of honor- 1
4 use 708. 
able service 
"In recognition of the service of temporary members of the 
Reserve, the Secretary may upon request issue an appropriate cer-
tificate of honorable service in lieu of a certificate of disenroUment 
issued to any person following disenroUment under honorable condi-
tions from service as a temporary member. Issuance of a certificate of 
honorable service to any person under this section does not entitle 
that person to any rights, privileges, or benefits under any law of the 
United States. 
**§709. Reserve student aviation pilots; Reserve aviation pilots; ap- i4 use 709. 
pointments in commissioned grade 
"(a) Under regulations prescribed by the Secretary an enlisted 
member of the Reserve may be designated as a student aviation pilot. 
94 STAT. 1006 
PUBLIC LAW 96-322—AUG. 4, 1980 
"(b) A member who is not a qualified aviator may not be designated 
as a student aviation pilot unless the member agrees in writing to 
serve on active duty for a period of two years after successful 
completion of flight training, unless sooner released. A student 
aviation pilot may be released from active duty or discharged at any 
time as provided for in the regulations prescribed by the Secretary. 
"(c) A student aviation pilot who is a qualified civilian aviator may 
be given a brief refresher course in flight training. 
"(d) A student aviation pilot undergoing flight training is entitled 
to have uniforms and equipment provided at Government expense. 
"(e) Under regulations prescribed by the Secretary, a student 
aviation pilot may be designated an aviation pilot upon the successful 
completion of flight training. 
"(f) In time of peace, an aviation pilot obligated under subsection (b) 
to serve on active duty for two years m.ay serve for an additional 
period of not more than two years. 
"(g) An aviation pilot may be released from active duty or dis-
charged at any time as provided for in the regulations prescribed by 
the Secretary. 
"(h) If qualified under regulations prescribed by the Secretary, an 
aviation pilot may be appointed as an ensign in the Reserve. 
14 use 710. 
"§710. Appointment or wartime promotion; retention of grade 
upon release from active duty 
"(a) A member of the Reserve on active duty, who is appointed or 
14 use 214, 275. promoted under section 214 or 275 of this title, is entitled upon 
release from that duty to the highest grade satisfactorily held by 
reason of that appointment or promotion. The Secretary shall deter-
mine the highest grade satisfactorily held. 
"(b) Unless otherwise entitled to a higher grade, a member recalled 
to active duty shall be recalled in the grade in which released under 
subsection (a). 
14 use 711. 
"§711. Exemption from military training and draft; exclusiveness 
of service 
"A member of the Reserve, other than a temporary member, is 
exempt from registration and liability for military training and 
service under any other law. No member of the Reserve, other than a 
temporary member, may be a member of another military organiza-
tion. A temporary member of the Reserve who is a member of another 
military component shall, if ordered to active duty therein, be 
disenroUed as a temporary member of the Reserve. 
14 use 712. 
"§712. Active duty for emergency augmentation of regular forces 
"(a) Notwithstanding any other law, and for the emergency aug-
mentation of the Regular Coast Guard forces during a time of serious 
natural or manmade disaster, accident, or catastrophe the Secretary 
may, subject to approval by the President and without the consent of 
the member affected, order to active duty of not more than fourteen 
days in any four-month period and not more than thirty days in any 
one-year period from the Coast Guard Ready Reserve an organized 
training unit, a member thereof, or a member not assigned to a unit 
organized to serve as a unit. 
"(b) Under the circumstances of the domestic emergency involved, 
a reasonable time shall be allowed between the date when a Reserve 
member ordered to active duty under this section is alerted for that 
duty and the date when the member is required to enter upon that 
PUBLIC LAW 96-322—AUG. 4, 1980 
94 STAT. 1007 
duty. Unless the Secretary determines that the nature of the domes-
tic emergency does not allow it, this period shall be at least two days. 
"(c) Active duty served under this section— 
"(1) satisfies on a day-for-day basis all or a part of the annual 
active duty for training requirement of section 270 of title 10; 
"(2) does not satisfy any part of the active duty obligation of a 
member whose statutory Reserve obligation is not already termi-
nated; and 
"(3) entitles a member while engaged therein, or while engaged 
in authorized travel to or from that duty, to all rights and 
benefits, including pay and allowances and time creditable for 
pay and retirement purposes, to which the member would be 
entitled while performing other active duty. 
"§713. Enlistment of members engaged in schooling 
1
4 use 713. 
"The initial period of active duty for training required by section 
511(d) of title 10, may be divided into two successive annual periods of 
not less than six weeks each, to permit the enlistment of a Reserve 
member without interrupting any full-time schooling in which the 
member is engaged. 
"SUBCHAPTER B 
"COMMISSIONED OFFICERS 
"§ 720. Definitions 
1
4 use 720 
"As used in this subchapter— 
"(1) 'Reserve officer' means a commissioned officer in the 
Reserve, except an officer excluded by section 721 of this title or a infra. 
commissioned warrant officer; and 
"(2) 'discharged' means released from an appointment as a 
Reserve officer. 
"§721. Applicability of this subchapter 
1
4 use 72i 
"This subchapter applies only to the Reserve; except that it does 
not apply to a temporary member of the Reserve. 
"§722. Suspension of this subchapter in time of war or national 1
4 use 722. 
emergency 
"In time of war or national emergency declared by Congress, the 
President may suspend the operation of this subchapter or any part 
hereof. If this subchapter or any part hereof is suspended by the 
President, prior to placing the suspended provision in operation, the 
President shall by regulation, in so far as practicable, adjust the 
grades of Reserve officers in the same manner as adjustments in 
grade are made for Regular officers. 
"§723. Effect of this subchapter on retirement and retired pay 
1
4 use 723 
"Except as provided in subsection 7460t>) of this title, nothing in this Post, p. lois. 
subchapter authorizes the retirement of a Reserve officer or the 
payment of retired, retainer, or severance pay to a Reserve officer; or 
affects in any manner the law relating to the retirement of, or the 
granting of retired or retainer pay or other benefits to a Reserve 
officer. 
"§724. Authorized number of officers 
1
4 use 724 
"(a) The authorized number of officers in the Reserve in an active 
status is 5,000. The actual number of Reserve officers in an active 
status at any time shall not exceed the authorized number unless the 
79-194 O—81—pt. 1 
67 : QL3 
94 STAT. 1008 
PUBLIC LAW 96-322—AUG. 4, 1980 
Secretary determines that a greater number is necessary for planned 
mobilization requirements, or unless the excess results directly from 
the operation of law. 
"(h) The authorized number of Reserve officers in an active status 
below the grade of rear admiral shall be distributed in grade in the 
following percentages, respectively: captain, 1.5; commander, 7.0; 
lieutenant commander, 22.0; lieutenant, 37.0; and in the combined 
grades of lieutenant (junior grade) and ensign, 32.5. When the actual 
number of Reserve officers in an active status in a grade is less than 
the number authorized, the difference may be applied to increase the 
authorized number in a lower grade. A Reserve officer may not be 
reduced in rank or grade solely because of a reduction in an 
authorized number as provided for in this subsection, or because an 
excess results directly from the operation of law. The authorized 
number of Reserve officers in an active status not on active duty in 
the gra4e of rear admiral is two. 
14 use 725 
"§725. 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. 
"(h) 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. 
14 use 726. 
"§ 726. Running mates 
"(a) The Secretary shall assign a running mate to each Reserve 
officer in an active status not on the active duty promotion list. The 
officer initially assigned as a running mate under this section shall be 
that officer on the active duty promotion list of the same grade who is 
next senior in precedence to the Reserve officer concerned. An officer 
who has twice failed of selection or who has been considered but has 
14 use 289. 
not been recommended for continuation under section 289 of this title 
shall not be assigned as a running mate under this section. 
"(b) A Reserve officer in an active status not on the active duty 
promotion list shall be assigned a new running mate as follows: 
"(1) If a previously assigned running mate is promoted from 
below the promotion zone, is removed from the active duty 
promotion list, suffers a loss of numbers, fails of selection, fails to 
qualify for promotion, or declines an appointment after being 
selected for promotion, the new running mate shall be that 
officer on the active duty promotion list, of the same grade, who 
is next senior to the previous running mate and who is, or may 
become, eligible for consideration for promotion. If the previous 
running mate was on a list of selectees for promotion, the new 
running mate shall be that officer on the active duty promotion 
list, of the same grade, who is on a list of selectees for promotion 
and who is next senior to the previous running mate. 
PUBLIC LAW 96-322—AUG. 4, 1980 
94 STAT. 1009 
"(2) If a Reserve officer suffers a loss of numbers, the new 
running mate shall be that officer on the active duty promotion 
list who, after the loss of numbers has been effected, is the 
running mate of the Reserve officer next senior to the Reserve 
officer concerned. 
"(3) If a Reserve officer is considered for promotion and fails of 
selection, fails to qualify for promotion, declines an appointment 
after being selected for promotion, or has his or her name 
removed 
firom 
a list of selectees for promotion, and that officer's 
running mate is promoted, the new running mate shall be that 
officer on the active duty promotion list, of the same grade, who, 
at the time the previous running mate was considered for 
promotion, was next senior to the previous running mate, w£is 
eligible for consideration for promotion, and whose name was not 
included on a list of 
selectees for promotion. 
"(4) In a situation not expressly covered by this subsection, the 
Secretary may assign a new running mate as necessary to effect 
the intent of this section that inequitable changes of precedence 
do not occur. 
"(c) A Reserve officer on the active duty promotion list shall, to the 
extent practicable and consistent with the limitations imposed by 
this section, be assigned as the running mate of all Reserve officers 
junior to the officer, who are in an active status not bn the active duty 
promotion list, and who had a running mate in common with the 
officer just prior to the time the officer was placed on the active duty 
promotion list. 
"(d) The Secretary may adjust, as necessary, the date of rank of a 
Reserve officer not on active duty so that the date will correspond 
with that of the running mate assigned to the officer in accordance 
with this section. If an overpa5rment of pay or allowances results 
from adjusting the date of rank, the overpajmient is not subject to 
recoupment. 
*'§727. Constructive credit upon initial appointment 
1
4 use 727. 
"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 law 
specialist in the Reserve shall be credited with a minimum of three 
years 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. 
"§728. Promotion of Reserve officers on active duty 
1
4 use 728 
"(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 11 of this title. If promoted 1
4 use 211 et 
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 
94 STAT. 1010 
PUBLIC LAW 96-322—AUG. 4, 1980 
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 
14 use 211 et 
promoted to that grade under chapter 11 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 11 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 11 of this title shall 
count for all purposes. 
14 use 729. 
"§729. Promotion; recommendations of selection boards 
"(a) Except as otherwise provided by law, a Reserve officer shall 
only be promoted pursusmt to the recommendation of a selection 
board. 
"(b) The Secretary shall convene selection boards from time to time 
to recommend Reserve officers for promotion to the next higher 
grade. A board may be convened to consider officers in one or more 
grades. 
"(c) A selection board shall, from among the names of those eligible 
Reserve officers submitted to it, recommend for promotion to the next 
higher grade: 
"(1) those officers serving in the grade of lieutenant (junior 
grade) or above whom it considers to be best qualified; and 
"(2) those officers serving in the grade of ensign whom it 
considers to be fully qualified. 
"(d) Before convening a selection board to recommend Reserve 
officers for promotion to a grade above lieutenant (junior grade), the 
Secretary shall determine the total number of Reserve officers to be 
selected for promotion to that grade. The number to be selected shall 
normally be equal to the number of vacancies existing in that grade, 
plus the number of vacancies anticipated over the next twelve 
months, minus the number of officers on the list of selectees for that 
grade. The Secretary may, however, prescribe regulations that pro-
vide for the establishment of promotion opportunity percentages for 
each grade to ensure that equitable promotion opportunities exist 
among successive groups of Reserve officers being considered for 
promotion. The number so determined may not cause the number of 
Reserve officers in an active status in a grade to exceed that 
authorized for the grade concerned. 
"(e) The law and regulations relating to the selection for promotion 
of a commissioned officer of the Regular Coeist Guard to the grade of 
rear admiral apply to a Reserve officer, except that to be eligible for 
consideration an officer shall have completed at least ten years 
commissioned service, of which the last five years shall have been 
served in the Coast Guard Reserve. 
14 use 260. 
"(f) The provisions of section 260 of this title apply to boards 
convened under this section. The Secretary shall determine the 
procedure to be used by a selection board. 
Report to 
"(g) The report of a selection board shall be submitted to the 
Review" 
Secretary for review and transmission to the President for approval. 
When an officer recommended by a board for promotion is not 
acceptable to the President, the President may remove the name of 
that officer from the report of the board. 
PUBLIC LAW 96-322—AUG. 4, 1980 
94 STAT. 1011 
"(h) The recommendations of a selection board, as approved by the List of selectees. 
President, constitute a Ust of selectees from which the promotions of 
Reserve officers shall be made. An officer on a list of selectees 
remains thereon until promoted unless removed by the President 
under section 738 of this title. If an existing list of selectees has not Post, p. 1013. 
been exhausted by the time a later list has been approved, all officers 
remaining on the older list shall be tendered appointments prior to 
those on the later list. 
"(i) A Reserve officer whose name is on a list of selectees for 
promotion shall, unless that officer's promotion is lawfully withheld, 
be tendered an appointment in the next higher grade at the same 
time, or as soon thereafter as practicable, as that officer's running 
mate is tendered a similar appointment. 
"§730. 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 recommen-
dation made by the board. 
"(d) An officer eligible for consideration for promotion by a selec-
tion board may forward, through official channels, a written commu-
nication 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 communica-
tion 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. 
"§731. Placement in promotion zone; consideration for pro-
motion 
"Subject to the eligibility requirements of this subchapter, a 
Reserve officer shall be placed in a promotion zone when that officer's 
running mate is placed in a promotion zone and shall, in accordance 
with the provisions of this subchapter, be considered for promotion at 
approximately the same time as that officer's running mate or as 
soon thereafter as practicable. 
"§732. 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 recom-
mended for retention in an active status by a board convened under 
14 use 730. 
Membership. 
Written 
communication 
to board. 
14 use 731. 
14 use 732. 
94 STAT. 1012 
PUBLIC LAW 96-322—AUG. 4, 1980 
Post, p. 1014. 
14 use 733. 
Recommended 
list of selectees. 
14 use 734. 
14 use 735. 
14 use 736. 
Appointment 
date. 
14 use 737. 
subsection 741(a) of this title, is not eligible for consideration for 
promotion. 
"§733. Recommendation for promotion of an ofHcer 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. 
"§734. QualiHcations 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. 
"§735. Promotion; acceptance; oath of ofHce 
"(a) A Reserve officer who has been appointed under this sub-
chapter 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. 
"§736. Date of rank upon promotion; entitlement to pay 
"(a) When a Reserve officer is promoted to the next higher grade 
under this subchapter, the same date of rank shall be assigned as that 
assigned to the officer's running mate. A Reserve officer so promoted 
shall be allowed the pay and allowances of the higher grade for duty 
performed from the date of the officer's appointment thereto. 
"(b) Notwithstanding any other law and when a Reserve officer's 
running mate is so entitled, a Reserve officer in the grade of rear 
admiral is entitled to the pay and allowances of the upper half for 
duty performed. 
"(c) For the purposes of subsection (a) of this section, the date of 
appointment shall be that date when promotion authority is exer-
cised by the Secretary. 
"§737. 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. 
PUBLIC LAW 96-322—AUG. 4, 1980 
94 STAT. 1013 
"§738. Effect of removal by the President or failure of consent of 14 use 738. 
the Senate 
"(a) The President may, for cause, remove the name of any officer 
from a list of selectees established under section 729 of this title, ^^te, p. lOio. 
"(b) If the Senate, where required, does not consent to the appoint-
ment of an officer whose name is on a list of selectees established 
under section 729 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 prece-
dence 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. 
"§739. Failure of selection for promotion 
14 USC 739. 
"(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 weis not considered by a selection board because of 
administrative error. If that officer is selected by the next appropri-
ate 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. 
"§740. Failure of selection and removal from an active status 
14 USC 740. 
"(a) The Secretary— 
"(1) may remove from an active status a Reserve officer who 
has twice failed of selection to the next higher grade; and 
"(2) shall remove from an active status a Reserve officer 
serving in the grade of captain who has completed thirty years of 
total commissioned service and whose name is not carried on an 
approved list of selectees for promotion to the grade of rear 
admiral. 
"(h) A Reserve officer who has twice failed of selection to the next 
higher grade and who is not removed from an active status under 
subsection (a)(1) of this section shall be retained for the period 
prescribed by the Secretary. 
"(c) Subject to section 1006 of title 10, a Reserve officer who is 
removed from an active status under subsection (a) of this section 
shall be given an opportunity to transfer to the Retired Reserve, if 
qualified, but unless so transferred shall, in the discretion of the 
Secretary, be transferred to the inactive status list or discharged as 
follows: 
"(1) if removed from an active status under subsection (a)(1) of 
this section, on June 80 next following the approval date of the 
board report by virtue of which the officer's second failure of 
selection occurs; or 
94 STAT. 1014 
PUBLIC LAW 96-322—AUG. 4, 1980 
14 u s e 741. 
Membership. 
14 use 260. 
14 use 742. 
Reserve officer. 
Reserve rear 
admiral. 
"(2) if removed from an active status under subsection (a)(2) of 
this section, on June 30 next following the date on which the 
officer completes thirty years of total commissioned service as 
computed under this section. 
"(d) For the purpose of this section, the total commissioned service 
of an officer who has served continuously in the Reserve following 
appointment in the grade of ensign shall be computed from the date 
on which that appointment was accepted. A Reserve officer initially 
appointed in a grade above ensign is considered to have the actual 
total commissioned service performed in a grade above commissioned 
warrant officer or the same total commissioned service as an officer 
of the Regular Coast Guard who has served continuously from an 
original appointment as ensign, who has not lost numbers or prece-
dence, and who is, or was, junior to the Reserve officer, whichever is 
greater. 
"§741. Retention boards; removal from an active status to provide 
a flow of promotion 
"(a) Notwithstanding any other provision of this title, whenever 
the Secretary determines that it is necessary to reduce the number of 
Reserve officers in an active status in any grade to provide a steady 
flow of promotion, or that there is an excessive number of Reserve 
officers in an active status in any grade, the Secretary may appoint 
and convene a retention board to consider all of the Reserve officers 
in that grade in an active status not on active duty and not on an 
approved list of selectees for promotion to the next higher grade. The 
retention board shall select and recommend a specified number of the 
officers under consideration for retention in an active status. This 
board shall— 
"(1) to the extent practicable, consist of at least 50 per centum 
Reserve officers; 
"(2) consist only of officers who are senior in rank to any 
officers being considered by that board; and 
"(3) to the extent practicable, consist of officers who have not 
served on the last previous retention board which considered 
officers of the same grade. 
"(b) Subject to section 1006 of title 10, a Reserve officer who is not 
recommended for retention in an active status under this section 
shall be given an opportunity to transfer to the Retired Reserve, if 
qualified, but unless so transferred shall, in the discretion of the 
Secretary, be transferred to the inactive status list or discharged on 
June 30 next following the date on which the report of the retention 
board is approved, 
"(c) The provisions of section 260 of this title shall, to the extent 
that they are not inconsistent with this subchapter, apply to boards 
convened under this section. 
"§742. 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 sixty-two years of age. 
"(b) Notwithstanding subsection (a) of this section, the Secretary 
may authorize the retention of a Reserve rear admiral 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. 
PUBLIC LAW 96-322—AUG. 4, 1980 
94 STAT. 1015 
**§743. Rear admiral; maximum service in grade 
1
4 use 743. 
"Unless retained in or removed from an active status under any 
other law, a Reserve rear admiral shall be removed from an active 
status on the day that officer completes four years of service in that 
grade. 
"§744. Appointment of a former Navy or Coast Guard officer 
i4 use 744. 
"A former officer of the R^ular 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 previ-
ously 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. 
**§745. Grade on entry upon active duty 
1
4 use 745. 
"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. 
"§746. 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. 
"OJ) 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 officers performance has been 
satisfactory in the higher grade.". 
CONFORMING AMENDMENT 
SEC. 2. Subsection 1006(e) of 
title 10, United States Code is amended 
by striking out "787" in the first sentence and substituting "740". 
Approved August 4, 1980. 
14 u s e 746. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1011 (Comm. on Merchant Marine and Fisheries). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
June 9, considered and passed House. 
July 23, considered and passed Senate.