Title 14 — Coast Guard
Chapter 37 — Coast Guard Reserve
§ 3751. Failure of selection and removal from an active status
Statutory text
The Secretary—
may remove from an active status a Reserve officer who has twice failed of selection to the next higher grade; and
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).
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.
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:
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
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.
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.
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. § 3751
Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1013, § 740
Source evidence
Code source credit
Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1013, § 740Pub. L. 97–417 § 2(15) · 96 Stat. 2085
Substituted · 14 U.S.C. § 3751(a)(2)
Pub. L. 97–417 substituted “commodore” for “rear admiral”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 97–417 substituted “commodore” for “rear admiral”.Enacted provision · exact public law section
(15) 14 USC 740. Subsection (a)(2) of section 740 is amended by striking “rear admiral” and substituting “commodore”.Department of Defense Authorization Act, 1986
Pub. L. 99–145 title V § 514(c)(1) · 99 Stat. 583
Substituted · 14 U.S.C. § 3751(a)(2)
Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore”.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.Reserve Officer Personnel Management Act
Pub. L. 103–337 div. A title XVI § 1677(b)(5) · 108 Stat. 2663
Substituted · 14 U.S.C. § 3751(c)
Pub. L. 103–337 substituted “section 12646 of title 10” for “section 1006 of title 10”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 103–337 substituted “section 12646 of title 10” for “section 1006 of title 10”.Enacted provision · exact public law section
(5) Sections 740(c) and 741(b) are amended by striking out “section 1006 of title 10” and inserting in lieu thereof “section 12646 of title 10”.Effective date note
Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.Coast Guard and Maritime Transportation Act of 2012
Pub. L. 112–213 title II § 217(14) · 126 Stat. 1540
Substituted · 14 U.S.C. § 3751(d)
Pub. L. 112–213 substituted “that appointment to the Reserve” for “that appointment”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 112–213 substituted “that appointment to the Reserve” for “that appointment”.Enacted provision · exact public law section
(14) in the first sentence of section 740(d), by striking “that appointment” and inserting “that appointment to the Reserve”.Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 title I § 118(b) · 132 Stat. 4192
Changed · 14 U.S.C. § 3751
Pub. L. 115–282 renumbered section 740 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–282 renumbered section 740 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
5 of 6 references resolved to an enrolled provision · 1 partial
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 787 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
Amendments1983–2018 · 5 rounds
2018
Pub. L. 115–282 renumbered section 740 of this title as this section.
2012
Subsec. (d). Pub. L. 112–213 substituted “that appointment to the Reserve” for “that appointment”.
1994
Subsec. (c). Pub. L. 103–337 substituted “section 12646 of title 10” for “section 1006 of title 10”.
1985
Subsec. (a)(2). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore”.
1983
Subsec. (a)(2). Pub. L. 97–417 substituted “commodore” for “rear admiral”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–337 effective , except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.
Credits
1980–2018 · 6 acts
- 1980Added Pub. L. 96–322, § 1, , 94 Stat. 1013, § 740
- 1983amended Pub. L. 97–417, § 2(15), , 96 Stat. 2086
- 1985Pub. L. 99–145, title V, § 514(c)(1), , 99 Stat. 629
- 1994Pub. L. 103–337, div. A, title XVI, § 1677(b)(5), , 108 Stat. 3020
- 2012Pub. L. 112–213, title II, § 217(14), , 126 Stat. 1558
- 2018renumbered § 3751, Pub. L. 115–282, title I, § 118(b), , 132 Stat. 4233.
Show as published
(Added Pub. L. 96–322, § 1, , 94 Stat. 1013, § 740; amended Pub. L. 97–417, § 2(15), , 96 Stat. 2086; Pub. L. 99–145, title V, § 514(c)(1), , 99 Stat. 629; Pub. L. 103–337, div. A, title XVI, § 1677(b)(5), , 108 Stat. 3020; Pub. L. 112–213, title II, § 217(14), , 126 Stat. 1558; renumbered § 3751, Pub. L. 115–282, title I, § 118(b), , 132 Stat. 4233.)