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14 U.S.C. § 2123 — Promotions; acceptance; oath of office
Federal law — U.S. Code and appendices · legal_authorities
**(a)** An officer who receives an appointment under [section 2121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2121&num=0&edition=prelim) is considered to have accepted his appointment on its effective date, unless he expressly declines the appointment.
**(b)** An officer who has served continuously since he subscribed to the oath of office prescribed in [section 3331 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3331&num=0&edition=prelim) is not required to take a new oath upon his appointment in a higher grade.
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Stable record: federal_law:legal_authorities:record_usc_24371e4133ed0491e63bbcff
Source file: Laws/federal/codes/united-states-code/title-14/section-2123-promotions-acceptance-oath-of-office--8e9effc674.md
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Source location: Title 14, Chapter 21, § 2123; chapter-021-personnel-officers.md
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**(a)** An officer who receives an appointment under [section 2121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2121&num=0&edition=prelim) is considered to have accepted his appointment on its effective date, unless he expressly declines the appointment.
**(b)** An officer who has served continuously since he subscribed to the oath of office prescribed in [section 3331 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3331&num=0&edition=prelim) is not required to take a new oath upon his appointment in a higher grade.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** When the report of a board convened to recommend officers for promotion has been approved by the President, the Secretary shall place the names of all officers selected and approved on a list of selectees in the order of their seniority on the active duty promotion list. The names of all officers approved by the President and recommended by the board to be placed at the top of the list of selectees shall be placed at the top of the list of selectees in the order of seniority on the active duty promotion list.
**(b)** Officers on the list of selectees may be promoted by appointment in the next higher grade to fill vacancies in the authorized active duty strength of the grade as determined under [section 2103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2103&num=0&edition=prelim) after officers on any previous list of selectees for that grade have been promoted. Officers shall be promoted in the order that their names appear on the list of selectees. The date of rank of an officer promoted under this subsection shall be the date of his appointment in that grade.
**(c)** An officer serving on active duty in the grade of ensign may, if found fully qualified for promotion in accordance with regulations prescribed by the Secretary, be promoted to the grade of lieutenant (junior grade) by appointment after he has completed twelve months’ active service in grade. The date of rank of an officer promoted under this subsection shall be the date of his appointment in the grade of lieutenant (junior grade) as specified by the Secretary.
**(d)** When a vacancy in the grade of rear admiral occurs, the senior rear admiral (lower half) serving on the active duty promotion list shall be appointed by the President, by and with the a
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2121
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Federal law — U.S. Code and appendices · legal_authorities
An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” This section does not affect other oaths required by law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3331
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Federal law — U.S. Code and appendices · legal_authorities
Page 137
TITLE 14—COAST GUARD
§ 2125
Editorial Notes
AMENDMENTS
2018—Pub. L. 115–282, § 112(b), renumbered section 272
of this title as this section.
Subsecs. (a), (b). Pub. L. 115–282, § 123(b)(2), sub-
stituted ‘‘section 2121’’ for ‘‘section 271’’.
Executive Documents
DELEGATION OF AUTHORITY
Authority of President under subsec. (a) of this sec-
tion to remove a name of an officer from a list of se-
lectees delegated to Secretary of Homeland Security by
Ex. Ord. No. 14106, § 1(b), Aug. 14, 2023, 88 F.R. 55905, set
out in a note under section 2101 of this title.
§ 2123. Promotions; acceptance; oath of office
(a) An officer who receives an appointment
under section 2121 of this title is considered to
have accepted his appointment on its effective
date, unless he expressly declines the appoint-
ment.
(b) An officer who has served continuously
since he subscribed to the oath of office pre-
scribed in section 3331 of title 5 is not required
to take a new oath upon his appointment in a
higher grade.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77
Stat. 182, § 273; amended Pub. L. 94–546, § 1(20),
Oct. 18, 1976, 90 Stat. 2520; renumbered § 2123 and
amended Pub. L. 115–282, title I, §§ 112(b),
123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
Editorial Notes
AMENDMENTS
2018—Pub. L. 115–282, § 112(b), renumbered section 273
of this title as this section.
Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted
‘‘section 2121’’ for ‘‘section 271’’.
1976—Subsec. (b). Pub. L. 94–546 substituted reference
to section 3331 of title 5 for reference to section 16 of
title 5.
§ 2124. Promotions; pay and allowances
An officer who is promoted under section 2121
of this title shall be entitled to the pay and al-
lowances of the grade to which promoted fro
Source: Supplied 2024 U.S. Code historical extraction · 14 U.S.C. § 2123
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