Title 14 — Coast Guard
Chapter 37 — Coast Guard Reserve
§ 3740. Promotion; recommendations of selection boards
Statutory text
Except as otherwise provided by law, a Reserve officer shall only be promoted pursuant to the recommendation of a selection board.
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.
A selection board shall, from among the names of those eligible Reserve officers submitted to it, recommend for promotion to the next higher grade:
those officers serving in the grade of lieutenant (junior grade) or above whom it considers to be best qualified; and
those officers serving in the grade of ensign whom it considers to be fully qualified.
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.
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.
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.
In order to make the determination under subparagraph (B), the Secretary shall determine the following:
The number of positions needed to accomplish mission objectives that require officers in the grade to which the board will recommend officers for promotion.
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.
The number of officers authorized by the Secretary to serve in an active status in the grade under consideration.
Any statutory limitation on the number of officers in any grade authorized to be in an active status.
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.
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.
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).
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.
The provisions of sections 2115 and 2117 of this title apply to boards convened under this section. The Secretary shall determine the procedure to be used by a selection board.
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.
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.
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.
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.
Pub. L. 96–322 § 1 · 94 Stat. 1002
Enacted · 14 U.S.C. § 3740
Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1010, § 729
Source evidence
Code source credit
Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1010, § 729Pub. L. 97–417 § 2(13) · 96 Stat. 2085
Substituted · 14 U.S.C. § 3740(e)
Pub. L. 97–417 substituted “the grades of commodore and rear admiral” for “the grade of rear admiral”
Inserted · 14 U.S.C. § 3740(e)
Pub. L. 97–417 inserted “for promotion to the grade of commodore” after “consideration”
Source evidence
Code amendment note
Subsec. (e). Pub. 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”.Enacted provision · exact public law section
(13)14 USC 729. Subsection (e) of section 729 is amended— (A) by striking “the grade of rear admiral” and substituting “the grades of commodore and rear admiral”; and (B) by inserting “for promotion to the grade of commodore” after “consideration”.Department of Defense Authorization Act, 1986
Pub. L. 99–145 title V § 514(c)(1) · 99 Stat. 583
Substituted · 14 U.S.C. § 3740(e)
Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore” wherever appearing
Source evidence
Code amendment note
Subsec. (e). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore” wherever appearing.Enacted provision · exact public law section
(1) The following sections of title 14, United States Code, are amended by striking out “commodore” each place it appears and inserting in lieu thereof “rear admiral (lower half)”: 42(b), 256(a), 259(b), 271(d), 289(a), 290(a), 421(b), 724(b), 729(e), 736(b), 740(a), 742(b), and 743.Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Amended · 14 U.S.C. § 3740(d)
Pub. 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.”
Source evidence
Code amendment note
Subsec. (d). Pub. 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.”Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.Effective date note
Pub. 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].”Omnibus Maritime and Coast Guard Improvements Act of 2002
Pub. L. 107–295 title IV § 411(a) · 116 Stat. 2064
Inserted · 14 U.S.C. § 3740(i)
Pub. 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”
Source evidence
Code amendment note
Subsec. (i). Pub. 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”.Enacted provision · exact public law section
(a) Section 729(i) of title 14, United States Code, is amended by inserting “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”.Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 § 118(b) · 132 Stat. 4192
Changed · 14 U.S.C. § 3740
Pub. L. 115–282, § 118(b), renumbered section 729 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–282, § 118(b), renumbered section 729 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 release3757Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192
Substituted · 14 U.S.C. § 3740(f)
Pub. L. 115–282, § 123(b)(2), substituted “section 2117” for “section 260”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 115–282, § 123(b)(2), substituted “section 2117” for “section 260”.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.Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192
Substituted · 14 U.S.C. § 3740(h)
Pub. L. 115–282, § 123(b)(2), substituted “section 3749” for “section 738”
Source evidence
Code amendment note
Subsec. (h). Pub. L. 115–282, § 123(b)(2), substituted “section 3749” for “section 738”.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.Pub. L. 119–60 div. G title LXXII § 7230 · 139 Stat. 1709
Substituted · 14 U.S.C. § 3740(f)
Pub. L. 119–60 substituted “sections 2115 and 2117” for “section 2117”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (f). Pub. L. 119–60 substituted “sections 2115 and 2117” for “section 2117”.
8 of 10 references resolved to an enrolled provision · 1 partial · 1 unresolved
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 Pub. L. 96–322.
Amendments1983–2025 · 6 rounds
2025
Subsec. (f). Pub. L. 119–60 substituted “sections 2115 and 2117” for “section 2117”.
2018
Pub. L. 115–282, § 118(b), renumbered section 729 of this title as this section.
Subsec. (f). Pub. L. 115–282, § 123(b)(2), substituted “section 2117” for “section 260”.
Subsec. (h). Pub. L. 115–282, § 123(b)(2), substituted “section 3749” for “section 738”.
2002
Subsec. (i). Pub. 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). Pub. 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). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore” wherever appearing.
1983
Subsec. (e). Pub. 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
Pub. L. 106–398, § 1 [[div. A], title V, § 502(c)], , 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 [].”
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, , 69 F.R. 58797, set out as a note under section 301 of Title 3, The President.
Credits
1980–2025 · 7 acts
- 1980Added Pub. L. 96–322, § 1, , 94 Stat. 1010, § 729
- 1983amended Pub. L. 97–417, § 2(13), , 96 Stat. 2086
- 1985Pub. L. 99–145, title V, § 514(c)(1), , 99 Stat. 629
- 2000Pub. L. 106–398, § 1 [[div. A], title V, § 502(a)], , 114 Stat. 1654, 1654A–99
- 2002Pub. L. 107–295, title IV, § 411(a), , 116 Stat. 2118
- 2018renumbered § 3740 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), , 132 Stat. 4233, 4240
- 2025Pub. L. 119–60, div. G, title LXXII, § 7230, , 139 Stat. 1709.
Show as published
(Added Pub. L. 96–322, § 1, , 94 Stat. 1010, § 729; amended Pub. L. 97–417, § 2(13), , 96 Stat. 2086; Pub. L. 99–145, title V, § 514(c)(1), , 99 Stat. 629; Pub. L. 106–398, § 1 [[div. A], title V, § 502(a)], , 114 Stat. 1654, 1654A–99; Pub. L. 107–295, title IV, § 411(a), , 116 Stat. 2118; renumbered § 3740 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), , 132 Stat. 4233, 4240; Pub. L. 119–60, div. G, title LXXII, § 7230, , 139 Stat. 1709.)