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Title 14 — Coast Guard

Chapter 37 — Coast Guard Reserve

§ 3739. Promotion of Reserve officers on active duty

Statutory text

(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.

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. Pub. L. 96–322 § 1 · 94 Stat. 1002

    Enacted · 14 U.S.C. § 3739

    Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1009, § 728

    Source evidence

    Code source credit
    Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1009, § 728

  2. Frank LoBiondo Coast Guard Authorization Act of 2018

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

    Substituted · 14 U.S.C. § 3739

    Pub. L. 115–282, § 123(c)(2)(B), substituted “chapter 21” for “chapter 11” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 115–282, § 123(c)(2)(B), substituted “chapter 21” for “chapter 11” wherever appearing.

    Enacted provision · exact public law section
    (B) in section 3739, as so redesignated by this title, by striking “chapter 11” each place that it appears and inserting “chapter 21”.

  3. Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 118(b) · 132 Stat. 4192

    Changed · 14 U.S.C. § 3739

    Pub. L. 115–282, § 118(b), renumbered section 728 of this title as this section

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–282, § 118(b), renumbered section 728 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 37 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 701Organization3701 702Authorized strength3702 703Coast Guard Reserve Boards3703 704Grades and ratings; military authority3704 705Benefits3705 706Temporary members of the Reserve; eligibility and compensation3706 707Temporary members of the Reserve; disability or death benefits3707 708Temporary members of the Reserve; certificate of honorable service3708 709Reserve student aviation pilots; Reserve aviation pilots; appointments in commissioned grade3709 709aReserve student pre-commissioning assistance program3710 710Appointment or wartime promotion; retention of grade upon release from active duty3711 711Exclusiveness of service3712 712Active duty for emergency augmentation of regular forces3713 713Enlistment of members engaged in schooling3714 720Definitions3731 721Applicability of this subchapter3732 722Suspension of this subchapter in time of war or national emergency3733 723Effect of this subchapter on retirement and retired pay3734 724Authorized number of officers3735 725Precedence3736 726Running mates3737 727Constructive credit upon initial appointment3738 728Promotion of Reserve officers on active duty3739 729Promotion; recommendations of selection boards3740 730Selection boards; appointment3741 731Establishment of promotion zones under running mate system3742 732Eligibility for promotion3743 733Recommendation for promotion of an officer previously removed from an active status3744 734Qualifications for promotion3745 735Promotion; acceptance; oath of office3746 736Date of rank upon promotion; entitlement to pay3747 737Type of promotion; temporary3748 738Effect of removal by the President or failure of consent of the Senate3749 739Failure of selection for promotion3750 740Failure of selection and removal from an active status3751 741Retention boards; removal from an active status to provide a flow of promotion3752 742Maximum ages for retention in an active status3753 743Rear admiral and rear admiral (lower half); maximum service in grade3754 744Appointment of a former Navy or Coast Guard officer3755 745Grade on entry upon active duty3756 746Recall of a retired officer; grade upon release3757

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 791 of this title prior to the complete revision of former chapter 21 of this chapter by Pub. L. 96–322.

Amendments

2018—Pub. L. 115–282, § 123(c)(2)(B), substituted “chapter 21” for “chapter 11” wherever appearing.

Pub. L. 115–282, § 118(b), renumbered section 728 of this title as this section.

Credits

1980–2018 · 2 acts
  1. 1980Added Pub. L. 96–322, § 1, , 94 Stat. 1009, § 728
  2. 2018renumbered § 3739 and amended Pub. L. 115–282, title I, §§ 118(b), 123(c)(2)(B), , 132 Stat. 4233, 4241.
Show as published

(Added Pub. L. 96–322, § 1, , 94 Stat. 1009, § 728; renumbered § 3739 and amended Pub. L. 115–282, title I, §§ 118(b), 123(c)(2)(B), , 132 Stat. 4233, 4241.)

Parsed from the official OLRC USLM XML in data/usc_all/usc14.xml · release point 119-108 · OLRC build 2026-03-26

USLM identifier /us/usc/t14/s3739