2021 US Code
Title 14 - Coast Guard
Subtitle III - Coast Guard Reserve and Auxiliary
Chapter 37 - Coast Guard Reserve
Subchapter II - Personnel
Sec. 3752 - Retention boards; removal from an active status to provide a flow of promotion

(a) Notwithstanding any other provision of this title, whenever the Secretary determines that it is necessary to reduce the number of Reserve officers in an active status in any grade to provide a steady flow of promotion, or that there is an excessive number of Reserve officers in an active status in any grade, the Secretary may appoint and convene a retention board to consider all of the Reserve officers in that grade in an active status who have 18 years or more of service for retirement, except those officers who—

The retention board shall select and recommend a specified number of the officers under consideration for retention in an active status.

(b) This board shall—

(c) Subject to section 12646 of title 10, a Reserve officer who is not recommended for retention in an active status under 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 on June 30 next following the date on which the report of the retention board is approved.

(d) The provisions of section 2117 of this title shall, to the extent that they are not inconsistent with this subchapter, apply to boards convened under this section.

(Added Pub. L. 96–322, §1, Aug. 4, 1980, 94 Stat. 1014, §741; amended Pub. L. 101–225, title II, §203(5), Dec. 12, 1989, 103 Stat. 1911; Pub. L. 103–206, title II, §203, Dec. 20, 1993, 107 Stat. 2420; Pub. L. 103–337, div. A, title XVI, §1677(b)(5), Oct. 5, 1994, 108 Stat. 3020; Pub. L. 104–106, div. A, title XV, §1501(e)(1)(B), Feb. 10, 1996, 110 Stat. 501; renumbered §3752 and amended Pub. L. 115–282, title I, §§118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.)

Provisions similar to those in this section were contained in section 787a of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.

2018—Pub. L. 115–282, §118(b), renumbered section 741 of this title as this section.

Subsec. (d). Pub. L. 115–282, §123(b)(2), substituted "section 2117" for "section 260".

1996—Subsec. (c). Pub. L. 104–106 substituted "section 12646 of title 10" for "section 1006 of title 10".

1994—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).

1993—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.

1989—Subsec. (a). Pub. L. 101–225 inserted "who have 18 years or more of service for retirement and are" before "not on active duty".

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.

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.