§ 3752. Retention boards; removal from an active status to provide a flow of promotion

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. 1980

   Pub. L. 96–322 § 1 · 94 Stat. 1002

   Enacted · 14 U.S.C. § 3752

   Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1014, § 741

   Source evidence

   Code source credit
   Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1014, § 741

2. 1989

   Coast Guard Authorization Act of 1989

   Pub. L. 101–225 title II § 203(5) · 103 Stat. 1908

   Inserted · 14 U.S.C. § 3752(a)

   Pub. L. 101–225 inserted “who have 18 years or more of service for retirement and are” before “not on active duty”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–225 inserted “who have 18 years or more of service for retirement and are” before “not on active duty”.

   Enacted provision · exact public law section
   (5) in section 741(a), by inserting “who have 18 years or more of service for retirement and are” after “in an active status” the third time it appears.

3. 1993

   Coast Guard Authorization Act of 1993

   Pub. L. 103–206 title II § 203 · 107 Stat. 2419

   1. Substituted · 14 U.S.C. § 3752

      Pub. L. 103–206 in subsec. (a) in first sentence substituted “, except those officers who—” and pars. (1) to (4) for “and are not on active duty and not on an approved list of selectees for promotion to the next higher grade”, realigned margin of second sentence

   2. Inserted · 14 U.S.C. § 3752

      Pub. L. 103–206 in subsec. (a) in first sentence inserted “(b)” before “This board shall—” in third sentence and realigned margin

   3. Redesignated · 14 U.S.C. § 3752

      Pub. L. 103–206 in subsec. (a) in first sentence redesignated former subsecs. (b) and (c) as (c) and (d), respectively

   Source evidence

   Code amendment note
   Pub. L. 103–206 in subsec. (a) in first sentence substituted “, except those officers who—” and pars. (1) to (4) for “and are not on active duty and not on an approved list of selectees for promotion to the next higher grade”, realigned margin of second sentence, inserted “(b)” before “This board shall—” in third sentence and realigned margin, and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

   Enacted provision · exact public law section
   SEC. 203. RESERVE RETENTION BOARDS. Section 741 of title 14, United States Code, is amended— (1) in subsection (a) in the first sentence by striking “and are not on active duty and not on an approved list of selectees for promotion to the next higher grade” and inserting the following: except those officers who— “(1) are on extended active duty; “(2) are on a list of selectees for promotion; “(3) will complete 30 years total commissioned service by June 30th following the date that the retention board is convened; or “(4) have reached age 59 by the date on which the retention board is convened”; (2) in subsection (a) by moving the second sentence so as to begin— (A) immediately below paragraph (4) (as added by paragraph (1) of this section); and (B) flush with the left margin of the material preceding paragraph (1); (3) by designating the third sentence of subsection (a) as subsection (b) by— (A) inserting “(b)” before “This board shall—”; and (B) moving the third sentence so as to begin immediately below the second sentence of subsection (a); and (4) by redesignating the last 2 subsections as subsections (c) and (d), respectively.

4. 1994

   Reserve Officer Personnel Management Act

   Pub. L. 103–337 div. A title XVI § 1677(b)(5) · 108 Stat. 2663

   Substituted · 14 U.S.C. § 3752(b)

   Pub. L. 103–337, which directed amendment of subsec. (b) by substituting “section 12646 of title 10” for “section 1006 of title 10”, could not be executed because the words “section 1006 of title 10” did not appear in subsec. (b)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–337, which directed amendment of subsec. (b) by substituting “section 12646 of title 10” for “section 1006 of title 10”, could not be executed because the words “section 1006 of title 10” did not appear in subsec. (b).

   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. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of Title 10, Armed Forces.

5. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. A title XV § 1501(e)(1)(B) · 110 Stat. 186

   Substituted · 14 U.S.C. § 3752(c)

   Pub. L. 104–106 substituted “section 12646 of title 10” for “section 1006 of title 10”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–106 substituted “section 12646 of title 10” for “section 1006 of title 10”.

   Enacted provision · exact public law section
   (B) in section 741(c), 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. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of Title 10, Armed Forces.

6. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

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

   Changed · 14 U.S.C. § 3752

   Pub. L. 115–282, § 118(b), renumbered section 741 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–282, § 118(b), renumbered section 741 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

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. § 3752(d)

   Pub. L. 115–282, § 123(b)(2), substituted “section 2117” for “section 260”

   Source evidence

   Code amendment note
   Subsec. (d). 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.

8 of 9 references resolved to an enrolled provision · 1 partial