2021 US Code
Title 14 - Coast Guard
Subtitle III - Coast Guard Reserve and Auxiliary
Chapter 37 - Coast Guard Reserve
Subchapter II - Personnel
Sec. 3743 - Eligibility for promotion
| 14 U.S.C. § 3743 (2021) |
| §3743. Eligibility for promotion |
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(a) In General.—Except as provided in subsection (b), a Reserve officer is eligible for consideration for promotion and for promotion under this subchapter if that officer is in an active status. (b) Exception.—A Reserve officer who has been considered but not recommended for retention in an active status by a board convened under subsection 3752(a) 1 of this title is not eligible for consideration for promotion. (c) Request for Exclusion.— (1) In general.—The Commandant may provide that an officer may, upon the officer's request and with the approval of the Commandant, be excluded from consideration by a selection board convened under section 3740(b) of this title to consider officers for promotion to the next higher grade. (2) Approval of request.—The Commandant shall approve a request under paragraph (1) only if— (A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Coast Guard, a career progression requirement delayed by the assignment or education, or a qualifying personal or professional circumstance, as determined by the Commandant; (B) the Commandant determines the exclusion from consideration is in the best interest of the Coast Guard; and (C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration. |
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(Added Pub. L. 96–322, §1, Aug. 4, 1980, 94 Stat. 1011, §732; renumbered §3743 and amended Pub. L. 115–282, title I, §§118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8202(b), Jan. 1, 2021, 134 Stat. 4643.) |
| EDITORIAL NOTES
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 774 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322. AMENDMENTS2021—Pub. L. 116–283 amended section generally. Prior to amendment, text read as follows: "A Reserve officer is eligible for consideration for promotion and for promotion under this subchapter, if that officer is in an active status. A Reserve officer who has been considered but not recommended for retention in an active status by a board convened under subsection 3752(a) of this title, is not eligible for consideration for promotion." 2018—Pub. L. 115–282, §123(b)(2), substituted "subsection 3752(a)" for "subsection 741(a)". Pub. L. 115–282, §118(b), renumbered section 732 of this title as this section. |
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1 So in original. Probably should be "section 3752(a)". |
| United States Code, 2018 Edition, Supplement 3, Title 14 - COAST GUARD |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 14 - COAST GUARD SUBTITLE III - COAST GUARD RESERVE AND AUXILIARY CHAPTER 37 - COAST GUARD RESERVE SUBCHAPTER II - PERSONNEL Sec. 3743 - Eligibility for promotion |
| section 3743 |
| 2021 |
| January 3, 2022 |
| Yes |
| standard |
| 94 Stat. 1011 132 Stat. 4233 134 Stat. 4643 |
| Public Law 96-322, Public Law 115-282, Public Law 116-283 |
