§ 2120. Special selection boards; correction of errors

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2012

   Coast Guard and Maritime Transportation Act of 2012

   Pub. L. 112–213 title II § 208(a) · 126 Stat. 1540

   Enacted · 14 U.S.C. § 2120

   Added Pub. L. 112–213, title II, § 208(a), Dec. 20, 2012, 126 Stat. 1546, § 263

   Source evidence

   Code source credit
   Added Pub. L. 112–213, title II, § 208(a), Dec. 20, 2012, 126 Stat. 1546, § 263

   Enacted provision · exact public law section
   (a) In General.— Chapter 11 of title 14, United States Code, is amended by inserting after section 262 the following: “§ 263. Special selection boards; correction of errors “(a) Officers Not Considered Due to Administrative Error.— “(1) In general.— If Determination. the Secretary determines that as the result of an administrative error— “(A) an officer or former officer was not considered for selection for promotion by a selection board convened under section 251; or “(B) the name of an officer or former officer was not placed on an all-fully-qualified-officers list; the Secretary shall convene a special selection board to determine whether such officer or former officer should be recommended for promotion and such officer or former officer shall not be considered to have failed of selection for promotion prior to the consideration of the special selection board. “(2) Effect of failure to recommend for promotion.— If a special selection board convened under paragraph (1) does not recommend for promotion an officer or former officer, whose grade is below the grade of captain and whose name was referred to that board for consideration, the officer or former officer shall be considered to have failed of selection for promotion. “(b) Officers Considered But Not Selected; Material Error.— “(1) In general.— In Determination. the case of an officer or former officer who was eligible for promotion, was considered for selection for promotion by a selection board convened under section 251, and was not selected for promotion by that board, the Secretary may convene a special selection board to determine whether the officer or former officer should be recommended for promotion, if the Secretary determines that— “(A) an action of the selection board that considered the officer or former officer— “(i) was contrary to law in a matter material to the decision of the board; or “(ii) involved material error of fact or material administrative error; or “(B) the selection board that considered the officer or former officer did not have before it for consideration material information. “(2) Effect of failure to recommend for promotion.— If a special selection board convened under paragraph (1) does not recommend for promotion an officer or former officer, whose grade is that of commander or below and whose name was referred to that board for consideration, the officer or former officer shall be considered— “(A) to have failed of selection for promotion with respect to the board that considered the officer or former officer prior to the consideration of the special selection board; and “(B) to incur no additional failure of selection for promotion as a result of the action of the special selection board. “(c) Requirements for Special Selection Boards.— Each special selection board convened under this section shall— “(1) be composed in accordance with section 252 and the members of the board shall be required to swear the oaths described in section 254; “(2) consider the record of an applicable officer or former officer as that record, if corrected, would have appeared to the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board and that record shall be compared with a sampling of the records of— “(A) those officers of the same grade who were recommended for promotion by such prior selection board; and “(B) those officers of the same grade who were not recommended for promotion by such prior selection board; and “(3) Reports. submit to the Secretary a written report in a manner consistent with sections 260 and 261. “(d) Appointment of Officers Recommended for Promotion.— “(1) In general.— An officer or former officer whose name is placed on a promotion list as a result of the recommendation of a special selection board convened under this section shall be appointed, as soon as practicable, to the next higher grade in accordance with the law and policies that would have been applicable to the officer or former officer had the officer or former officer been recommended for promotion by the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board. “(2) Effect.— An officer or former officer who is promoted to the next higher grade as a result of the recommendation of a special selection board convened under this section shall have, upon such promotion, the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the active duty promotion list as the officer or former officer would have had if the officer or former officer had been recommended for promotion to that grade by the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board. “(3) Record correction.— If President. the report of a special selection board convened under this section, as approved by the President, recommends for promotion to the next higher grade an officer not eligible for promotion or a former officer whose name was referred to the board for consideration, the Secretary may act under section 1552 of title 10 to correct the military record of the officer or former officer to correct an error or remove an injustice resulting from the officer or former officer not being selected for promotion by the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board. “(e) Application Process and Time Limits.— The Secretary shall issue regulations regarding the process by which an officer or former officer may apply to have a matter considered by a special selection board convened under this section, including time limits related to such applications. “(f) Limitation of Other Jurisdiction.— No official or court of the United States shall have authority or jurisdiction over any claim based in any way on the failure of an officer or former officer to be selected for promotion by a selection board convened under section 251, until— “(1) the claim has been referred to a special selection board convened under this section and acted upon by that board; or “(2) the claim has been rejected by the Secretary without consideration by a special selection board convened under this section. “(g) Judicial Review.— “(1) In general.— A court of the United States may review— “(A) a decision of the Secretary not to convene a special selection board under this section to determine if the court finds that the decision of the Secretary was arbitrary or capricious, not based on substantial evidence, or otherwise contrary to law; and “(B) an action of a special selection board under this section to determine if the court finds that the action of the special selection board was contrary to law or involved material error of fact or material administrative error. “(2) Remand and reconsideration.— If, with respect to a review under paragraph (1), a court makes a finding described in subparagraph (A) or (B) of that paragraph, the court shall remand the case to the Secretary and the Secretary shall provide the applicable officer or former officer consideration by a new special selection board convened under this section. “(h) Designation of Boards.— The Secretary may designate a selection board convened under section 251 as a special selection board convened under this section. A selection board so designated may function in the capacity of a selection board convened under section 251 and a special selection board convened under this section.” .

2. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 112(b) · 132 Stat. 4192

   Changed · 14 U.S.C. § 2120

   Pub. L. 115–282, § 112(b), renumbered section 263 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–282, § 112(b), renumbered section 263 of this title as this section.

   Enacted provision · exact public law section
   (b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 21 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 211Original appointment of permanent commissioned officers2101 41aActive duty promotion list2102 42Number and distribution of commissioned officers on active duty promotion list2103 214Appointment of temporary officers2104 215Rank of warrant officers2105 251Selection boards; convening of boards2106 252Selection boards; composition of boards2107 253Selection boards; notice of convening; communication with board2108 254Selection boards; oath of members2109 255Number of officers to be selected for promotion2110 256Promotion zones2111 256aPromotion year; defined2112 257Eligibility of officers for consideration for promotion2113 258Selection boards; information to be furnished boards2115 259Officers to be recommended for promotion2116 260Selection boards; reports2117 261Selection boards; submission of reports2118 262Failure of selection for promotion2119 263Special selection boards; correction of errors2120 271Promotions; appointments2121 272Removal of officer from list of selectees for promotion2122 273Promotions; acceptance; oath of office2123 274Promotions; pay and allowances2124 275Wartime temporary service promotions2125 276Promotion of officers not included on active duty promotion list2126 331Recall to active duty during war or national emergency2127 332Recall to active duty with consent of officer2128 373Aviation cadets; appointment as Reserve officers2129 281Revocation of commissions during first five years of commissioned service2141 282Regular lieutenants (junior grade); separation for failure of selection for promotion2142 283Regular lieutenants; separation for failure of selection for promotion; continuation2143 284Regular Coast Guard; officers serving under temporary appointments2144 285Regular lieutenant commanders and commanders; retirement for failure of selection for promotion2145 286Discharge in lieu of retirement; separation pay2146 286aRegular warrant officers: separation pay2147 287Separation for failure of selection for promotion or continuation; time of2148 288Regular captains; retirement2149 289Captains; continuation on active duty; involuntary retirement2150 290Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement2151 291Voluntary retirement after twenty years’ service2152 292Voluntary retirement after thirty years’ service2153 293Compulsory retirement2154 294Retirement for physical disability after selection for promotion; grade in which retired2155 295Deferment of retirement or separation for medical reasons2156 296Flag officers2157 321Review of records of officers2158 322Boards of inquiry2159 323Boards of review2160 324Composition of boards2161 325Rights and procedures2162 326Removal of officer from active duty; action by Secretary2163 327Officers considered for removal; retirement or discharge; separation benefits2164 333Relief of retired officer promoted while on active duty2165 335Physical fitness of officers2181 429Multirater assessment of certain personnel2182

3. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

   Substituted · 14 U.S.C. § 2120(a)(1)(A)

   Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251”.

   Enacted provision · exact public law section
   (2) Title 14.— In title 14, United States Code, each reference in the text of such title to a source 49 USC 303–305, 308, 313, 317, 504, 528, 543, 717, 908, 1106, 1107, 1110, 1133, 1171, 1904, 1945, 2107–2110, 2113, 2115–2125, 2142–2146, 2148–2151, 2159–2164, 2307, 2311, 2315, 2734, 2922, 2945, 2946, 3711, 3731, 3734, 3735, 3737, 3740, 3742, 3743, 3747, 3749, 3752, 3901, 3902, 3908, 3909, 3911, 5101, 5103, 5104, 5107. section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.

4. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

   Substituted · 14 U.S.C. § 2120(b)(1)

   Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251” in introductory provisions.

   Enacted provision · exact public law section
   (2) Title 14.— In title 14, United States Code, each reference in the text of such title to a source 49 USC 303–305, 308, 313, 317, 504, 528, 543, 717, 908, 1106, 1107, 1110, 1133, 1171, 1904, 1945, 2107–2110, 2113, 2115–2125, 2142–2146, 2148–2151, 2159–2164, 2307, 2311, 2315, 2734, 2922, 2945, 2946, 3711, 3731, 3734, 3735, 3737, 3740, 3742, 3743, 3747, 3749, 3752, 3901, 3902, 3908, 3909, 3911, 5101, 5103, 5104, 5107. section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.

5. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

   1. Substituted · 14 U.S.C. § 2120(c)(1)

      Pub. L. 115–282, § 123(b)(2), substituted “section 2107” for “section 252”

   2. Substituted · 14 U.S.C. § 2120(c)(1)

      Pub. L. 115–282, § 123(b)(2), substituted “section 2109” for “section 254”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 115–282, § 123(b)(2), substituted “section 2107” for “section 252” and “section 2109” for “section 254”.

   Enacted provision · exact public law section
   (2) Title 14.— In title 14, United States Code, each reference in the text of such title to a source 49 USC 303–305, 308, 313, 317, 504, 528, 543, 717, 908, 1106, 1107, 1110, 1133, 1171, 1904, 1945, 2107–2110, 2113, 2115–2125, 2142–2146, 2148–2151, 2159–2164, 2307, 2311, 2315, 2734, 2922, 2945, 2946, 3711, 3731, 3734, 3735, 3737, 3740, 3742, 3743, 3747, 3749, 3752, 3901, 3902, 3908, 3909, 3911, 5101, 5103, 5104, 5107. section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.

6. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

   Substituted · 14 U.S.C. § 2120(c)(3)

   Pub. L. 115–282, § 123(b)(2), substituted “sections 2117 and 2118” for “sections 260 and 261”

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 115–282, § 123(b)(2), substituted “sections 2117 and 2118” for “sections 260 and 261”.

   Enacted provision · exact public law section
   (2) Title 14.— In title 14, United States Code, each reference in the text of such title to a source 49 USC 303–305, 308, 313, 317, 504, 528, 543, 717, 908, 1106, 1107, 1110, 1133, 1171, 1904, 1945, 2107–2110, 2113, 2115–2125, 2142–2146, 2148–2151, 2159–2164, 2307, 2311, 2315, 2734, 2922, 2945, 2946, 3711, 3731, 3734, 3735, 3737, 3740, 3742, 3743, 3747, 3749, 3752, 3901, 3902, 3908, 3909, 3911, 5101, 5103, 5104, 5107. section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.

7. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

   Substituted · 14 U.S.C. § 2120(f)

   Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251” in introductory provisions.

   Enacted provision · exact public law section
   (2) Title 14.— In title 14, United States Code, each reference in the text of such title to a source 49 USC 303–305, 308, 313, 317, 504, 528, 543, 717, 908, 1106, 1107, 1110, 1133, 1171, 1904, 1945, 2107–2110, 2113, 2115–2125, 2142–2146, 2148–2151, 2159–2164, 2307, 2311, 2315, 2734, 2922, 2945, 2946, 3711, 3731, 3734, 3735, 3737, 3740, 3742, 3743, 3747, 3749, 3752, 3901, 3902, 3908, 3909, 3911, 5101, 5103, 5104, 5107. section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.

8. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

   Substituted · 14 U.S.C. § 2120(h)

   Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251” in two places

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251” in two places.

   Enacted provision · exact public law section
   (2) Title 14.— In title 14, United States Code, each reference in the text of such title to a source 49 USC 303–305, 308, 313, 317, 504, 528, 543, 717, 908, 1106, 1107, 1110, 1133, 1171, 1904, 1945, 2107–2110, 2113, 2115–2125, 2142–2146, 2148–2151, 2159–2164, 2307, 2311, 2315, 2734, 2922, 2945, 2946, 3711, 3731, 3734, 3735, 3737, 3740, 3742, 3743, 3747, 3749, 3752, 3901, 3902, 3908, 3909, 3911, 5101, 5103, 5104, 5107. section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.

9 of 9 references resolved to an enrolled provision