Collapse to view only § 3749. Effect of removal by the President or failure of consent of the Senate
- § 3731. Definitions
- § 3732. Applicability of this subchapter
- § 3733. Suspension of this subchapter in time of war or national emergency
- § 3734. Effect of this subchapter on retirement and retired pay
- § 3735. Authorized number of officers
- § 3736. Precedence
- § 3737. Running mates
- § 3738. Constructive credit upon initial appointment
- § 3738a. Direct commissioning authority for individuals with critical skills
- § 3739. Promotion of Reserve officers on active duty
- § 3740. Promotion; recommendations of selection boards
- § 3741. Selection boards; appointment
- § 3742. Establishment of promotion zones under running mate system
- § 3743. Eligibility for promotion
- § 3744. Recommendation for promotion of an officer previously removed from an active status
- § 3745. Qualifications for promotion
- § 3746. Promotion; acceptance; oath of office
- § 3747. Date of rank upon promotion; entitlement to pay
- § 3748. Type of promotion; temporary
- § 3749. Effect of removal by the President or failure of consent of the Senate
- § 3750. Failure of selection for promotion
- § 3751. Failure of selection and removal from an active status
- § 3752. Retention boards; removal from an active status to provide a flow of promotion
- § 3753. Maximum ages for retention in an active status
- § 3754. Rear admiral and rear admiral (lower half); maximum service in grade
- § 3755. Appointment of a former Navy or Coast Guard officer
- § 3756. Grade on entry upon active duty
- § 3757. Recall of a retired officer; grade upon release
§ 3731. Definitions
As used in this subchapter—
(1) “Reserve officer” means a commissioned officer in the Reserve, except an officer excluded by section 3732 of this title or a commissioned warrant officer; and
(2) “discharged” means released from an appointment as a Reserve officer.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 720; renumbered § 3731 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.)
§ 3732. Applicability of this subchapter
This subchapter applies only to the Reserve; except that it does not apply to a temporary member of the Reserve.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 721; renumbered § 3732, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
§ 3733. Suspension of this subchapter in time of war or national 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.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 722; renumbered § 3733, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
§ 3734. Effect of this subchapter on retirement and retired pay
Except as provided in subsection 3757(b) 1
1 So in original. Probably should be “section 3757(b)”.
of this title, nothing in this 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.(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 723; renumbered § 3734 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.)
§ 3735. Authorized number of officers
(a) The authorized number of officers in the Reserve in an active status is 5,000. Reserve officers on an active-duty list shall not be counted as part of the authorized number of officers in the Reserve. The actual number of Reserve officers in an active status at any time shall not exceed the authorized number unless the Secretary determines that a greater number is necessary for planned mobilization requirements, or unless the excess results directly from the operation of law.
(b)
(1) The Secretary shall make, at least once each year, a computation to determine the number of Reserve officers in an active status authorized to be serving in each grade. The number in each grade shall be computed by applying the applicable percentage to the total number of such officers serving in an active status on the date the computation is made. The number of Reserve officers in an active status below the grade of rear admiral (lower half) shall be distributed by pay grade so as not to exceed percentages of commissioned officers authorized by section 2103(b) of this title. When the actual number of Reserve officers in an active status in a particular pay grade is less than the maximum percentage authorized, the difference may be applied to the number in the next 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.
(2) The authorized number of Reserve Officers in an active status not on active duty in the grades of rear admiral (lower half) and rear admiral is a total of two. However, the Secretary of the department in which the Coast Guard is operating may authorize an additional number of Reserve officers not on active duty in the grades of rear admiral (lower half) and rear admiral as necessary in order to meet planned mobilization requirements.
(c)Deferral of Limitation.—If at the end of any fiscal year there is in effect a declaration of war or national emergency, the President may defer the effectiveness of any end-strength limitation with respect to that fiscal year prescribed by law for any military or civilian component of the Coast Guard Reserve, for a period not to exceed 6 months after the end of the war or termination of the national emergency.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 724; amended Pub. L. 97–417, § 2(12), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 98–557, § 25(a)(4), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 107–295, title I, § 105(b), Nov. 25, 2002, 116 Stat. 2085; Pub. L. 109–241, title II, § 207, July 11, 2006, 120 Stat. 521; renumbered § 3735 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.)
§ 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.)
§ 3737. 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 not been recommended for continuation under section 2150 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.
(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 from 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, was 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 on 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 overpayment of pay or allowances results from adjusting the date of rank, the overpayment is not subject to recoupment.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1008, § 726; renumbered § 3737 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.)
§ 3738. Constructive credit upon initial appointment
Under regulations prescribed by the Secretary, an individual, appointed as a Reserve officer, may be assigned a date of rank and precedence which reflects that individual’s experience, education, or other qualifications. For the purpose of this subchapter only, an individual 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. An individual 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; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(a)(53), Jan. 1, 2021, 134 Stat. 4750.)
§ 3738a. Direct commissioning authority for individuals with critical skills
An individual with critical skills that the Commandant considers necessary for the Coast Guard to complete its missions who is not currently serving as an officer in the Coast Guard may be commissioned into the Coast Guard at a grade up to and including commander.
(Added Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8205(a), Jan. 1, 2021, 134 Stat. 4648.)
§ 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.)
§ 3740. Promotion; recommendations of selection boards
(a) Except as otherwise provided by law, a Reserve officer shall only be promoted pursuant 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)
(1) Before convening a selection board to recommend Reserve officers for promotion, the Secretary shall establish a promotion zone for officers serving in each grade to be considered by the board. The Secretary shall determine the number of officers in the promotion zone for officers serving in any grade from among officers who are eligible for promotion in that grade.
(2)
(A) Before convening a selection board to recommend Reserve officers for promotion to a grade (other than the grade of lieutenant (junior grade)), the Secretary shall determine the maximum number of officers in that grade that the board may recommend for promotion.
(B) The Secretary shall make the determination under subparagraph (A) of the maximum number that may be recommended with a view to having in an active status a sufficient number of Reserve officers in each grade to meet the needs of the Coast Guard for Reserve officers in an active status.
(C) In order to make the determination under subparagraph (B), the Secretary shall determine the following:
(i) The number of positions needed to accomplish mission objectives that require officers in the grade to which the board will recommend officers for promotion.
(ii) The estimated number of officers needed to fill vacancies in such positions during the period in which it is anticipated that officers selected for promotion will be promoted.
(iii) The number of officers authorized by the Secretary to serve in an active status in the grade under consideration.
(iv) Any statutory limitation on the number of officers in any grade authorized to be in an active status.
(3)
(A) The Secretary may, when the needs of the Coast Guard require, authorize the consideration of officers in a grade above lieutenant (junior grade) for promotion to the next higher grade from below the promotion zone.
(B) When selection from below the promotion zone is authorized, the Secretary shall establish the number of officers that may be recommended for promotion from below the promotion zone. That number may not exceed the number equal to 10 percent of the maximum number of officers that the board is authorized to recommend for promotion, except that the Secretary may authorize a greater number, not to exceed 15 percent of the total number of officers that the board is authorized to recommend for promotion, if the Secretary determines that the needs of the Coast Guard so require. If the maximum number determined under this subparagraph is less than one, the board may recommend one officer for promotion from below the promotion zone.
(C) The number of officers recommended for promotion from below the promotion zone does not increase the maximum number of officers that the board is authorized to recommend for promotion under paragraph (2).
(e) The law and regulations relating to the selection for promotion of a commissioned officer of the Regular Coast Guard to the grades of rear admiral (lower half) and rear admiral apply to a Reserve officer, except that to be eligible for consideration for promotion to the grade of rear admiral (lower half) 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.
(f) The provisions of section 2117 of this title apply to boards convened under this section. The Secretary shall determine the procedure to be used by a selection board.
(g) The report of a selection board shall be submitted to the 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.
(h) The recommendations of a selection board, as approved by the President, constitute a list 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 3749 of this title. If an existing list of selectees has not 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 on the date a vacancy occurs, or as soon thereafter as practicable in the grade to which the officer was selected for promotion or, if promotion was determined in accordance with a running mate system, at the same time, or as soon thereafter as practicable, as that officer’s running mate is tendered a similar appointment.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1010, § 729; amended Pub. L. 97–417, § 2(13), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 106–398, § 1 [[div. A], title V, § 502(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–99; Pub. L. 107–295, title IV, § 411(a), Nov. 25, 2002, 116 Stat. 2118; renumbered § 3740 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.)
§ 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.)
§ 3742. Establishment of promotion zones under running mate system
(a)Authority To Use Running Mate System.—The Secretary may by regulation implement section 3740(d)(1) of this title by requiring that the promotion zone for consideration of Reserve officers in an active status for promotion to the next higher grade be determined in accordance with a running mate system as provided in subsection (b).
(b)Consideration for Promotion.—If promotion zones are determined as authorized under subsection (a), a Reserve officer shall, subject to the eligibility requirements of this subchapter, 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, or in the event that promotion is not determined in accordance with a running mate system, then a Reserve officer becomes eligible for consideration for promotion to the next higher grade at the beginning of the promotion year in which he or she completes the following amount of service computed from the date of rank in the grade in which he or she 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.
(c)Consideration of Officers Below the Zone.—If the Secretary authorizes the selection of officers for promotion from below the promotion zone in accordance with section 3740(d)(3) of this title, the number of officers to be considered from below the zone may be established through the application of the running mate system under this subchapter or otherwise as the Secretary determines to be appropriate to meet the needs of the Coast Guard.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1011, § 731; amended Pub. L. 106–398, § 1 [[div. A], title V, § 502(b)(1), (2)(A)], Oct. 30, 2000, 114 Stat. 1654, 1654A–100; Pub. L. 107–295, title IV, § 411(b), Nov. 25, 2002, 116 Stat. 2118; renumbered § 3742 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.)
§ 3743. Eligibility for promotion
(a)In General.—Except as provided in subsection (b), a Reserve officer is eligible for consideration for promotion and for promotion under this subchapter if that officer is in an active status.
(b)Exception.—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
1 So in original. Probably should be “section 3752(a)”.
of this title is not eligible for consideration for promotion.(c)Request for Exclusion.—
(1)In general.—The Commandant may provide that an officer may, upon the officer’s request and with the approval of the Commandant, be excluded from consideration by a selection board convened under section 3740(b) of this title to consider officers for promotion to the next higher grade.
(2)Approval of request.—The Commandant shall approve a request under paragraph (1) only if—
(A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Coast Guard, a career progression requirement delayed by the assignment or education, or a qualifying personal or professional circumstance, as determined by the Commandant;
(B) the Commandant determines the exclusion from consideration is in the best interest of the Coast Guard; and
(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.
(Added Pub. L. 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; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8202(b), Jan. 1, 2021, 134 Stat. 4643.)
§ 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.)
§ 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.)
§ 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.)
§ 3747. Date of rank upon promotion; entitlement to pay
(a) When a Reserve officer is promoted to the next higher grade under this subchapter, the date of rank shall be the date of appointment in that grade, unless the promotion was determined in accordance with a running mate system, in which event 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 provision of law and subject to subsection (c), if promotion of an inactive duty promotion list officer to the grade of rear admiral or rear admiral (lower half) is determined in accordance with a running mate system, a reserve officer, if acceptable to the President and the Senate, shall be promoted to the next higher grade no later than the date the officer’s running mate is promoted.
(c) For the purposes of this section, the date of appointment shall be that date when promotion authority is exercised by the Secretary. However, the Secretary may adjust the date of appointment—
(1) if a delay in the finding required under section 3745(a) of this title is beyond the control of the officer and the officer is otherwise qualified for promotion; or
(2) for any other reason that equity requires.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1012, § 736; amended Pub. L. 97–417, § 2(14), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 101–225, title II, § 203(4), Dec. 12, 1989, 103 Stat. 1911; Pub. L. 107–295, title IV, § 411(c), Nov. 25, 2002, 116 Stat. 2118; Pub. L. 108–293, title II, § 220(b), (c), Aug. 9, 2004, 118 Stat. 1039; renumbered § 3747 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.)
§ 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.)
§ 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.)
§ 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.)
§ 3751. Failure of selection and removal from an active status
(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 (lower half).
(b) 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 12646 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 30 next following the approval date of the board report by virtue of which the officer’s second failure of selection occurs; or
(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 to the Reserve 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 precedence, and who is, or was, junior to the Reserve officer, whichever is greater.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1013, § 740; amended Pub. L. 97–417, § 2(15), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 103–337, div. A, title XVI, § 1677(b)(5), Oct. 5, 1994, 108 Stat. 3020; Pub. L. 112–213, title II, § 217(14), Dec. 20, 2012, 126 Stat. 1558; renumbered § 3751, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
§ 3752. 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 who have 18 years or more of service for retirement, except those officers who—
(1) are on extended active duty;
(2) are on a list of selectees for promotion;
(3) will complete 30 years total commissioned service by June 30th following the date that the retention board is convened; or
(4) have reached age 59 by the date on which the retention board is convened.
The retention board shall select and recommend a specified number of the officers under consideration for retention in an active status.
(b) 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.
(c) Subject to section 12646 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.
(d) The provisions of section 2117 of this title shall, to the extent that they are not inconsistent with this subchapter, apply to boards convened under this section.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1014, § 741; amended Pub. L. 101–225, title II, § 203(5), Dec. 12, 1989, 103 Stat. 1911; Pub. L. 103–206, title II, § 203, Dec. 20, 1993, 107 Stat. 2420; Pub. L. 103–337, div. A, title XVI, § 1677(b)(5), Oct. 5, 1994, 108 Stat. 3020; Pub. L. 104–106, div. A, title XV, § 1501(e)(1)(B), Feb. 10, 1996, 110 Stat. 501; renumbered § 3752 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.)
§ 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.)
§ 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.)
§ 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.)
§ 3756. Grade on entry upon active duty
(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.)
§ 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.)