14 USC 3740 - Promotion; recommendations of selection boards

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 780 of this title prior to the complete revision of former chapter 21 of this title by Puspan. L. 96–322.

Amendments

2018—Puspan. L. 115–282, § 118(span), renumbered section 729 of this title as this section.

Subsec. (f). Puspan. L. 115–282, § 123(span)(2), substituted “section 2117” for “section 260”.

Subsec. (h). Puspan. L. 115–282, § 123(span)(2), substituted “section 3749” for “section 738”.

2002—Subsec. (i). Puspan. L. 107–295 inserted “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,” after “grade”.

2000—Subsec. (d). Puspan. L. 106–398 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “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 provide 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.”

1985—Subsec. (e). Puspan. L. 99–145 substituted “rear admiral (lower half)” for “commodore” wherever appearing.

1983—Subsec. (e). Puspan. L. 97–417 substituted “the grades of commodore and rear admiral” for “the grade of rear admiral”, and inserted “for promotion to the grade of commodore” after “consideration”.

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Puspan. L. 106–398, § 1 [[div. A], title V, § 502(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–100, provided that:

“The amendments made by this section [amending this section and section 731 of this title] shall apply with respect to selection boards convened under section 730 [now 3741] of title 14, United States Code, on or after the date of the enactment of this Act [Oct. 30, 2000].”

Executive Documents

Delegation of Functions

For assignment of functions of President under subsec. (g) of this section, see section 2(c) of Ex. Ord. No. 13358, Sept. 28, 2004, 69 F.R. 58797, set out as a note under section 301 of Title 3, The President.