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14 U.S.C. § 3752 — Retention boards; removal from an active status to provide a flow of promotion
Federal law — U.S. Code and appendices · legal_authorities
**(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—
(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.
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—
(1) to the extent practicable, consist of at least 50 per centum Reserve officers;
(2) consist only of officers who are senior in rank to any officers being considered by that board; and
(3) to the extent practicable, consist of officers who have not served on the last previous retention board which considered officers of the same grade.
**(c)** Subject to [section 12646 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12646&num=0&edition=prelim), 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 followin
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Stable record: federal_law:legal_authorities:record_usc_34dfa9effcba1c44907636a3
Source file: Laws/federal/codes/united-states-code/title-14/section-3752-retention-boards-removal-from-an-active-status-to-provide-a-flow-of-prom--05ca056d8d.md
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Passage SHA-256: 876068e9efb476b655b94011b0d83cc1e1ef38a521b910017a054e7f38af01d1
Source location: Title 14, Chapter 37, § 3752; chapter-037-coast-guard-reserve.md
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**(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—
(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.
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—
(1) to the extent practicable, consist of at least 50 per centum Reserve officers;
(2) consist only of officers who are senior in rank to any officers being considered by that board; and
(3) to the extent practicable, consist of officers who have not served on the last previous retention board which considered officers of the same grade.
**(c)** Subject to [section 12646 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12646&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2117&num=0&edition=prelim) shall, to the extent that they are not inconsistent with this subchapter, apply to boards convened under this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each board convened under [section 2106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2106&num=0&edition=prelim) shall submit a report in writing, signed by all the members thereof, containing the names of the officers recommended for promotion and the names of those officers recommended to be advanced to the top of the list of selectees established by the Secretary under [section 2121(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2121/a&num=0&edition=prelim).
**(b)** A board convened under [section 2106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2106&num=0&edition=prelim) shall certify that, in the opinion of at least a majority of the members if the board has five members, or in the opinion of at least two-thirds of the members if the board has more than five members, the officers recommended for promotion are the best qualified for promotion to meet the needs of the service (as noted in specific direction furnished the board by the Secretary under [section 2115 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2115&num=0&edition=prelim)) of those officers whose names have been furnished to the board.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2117
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 18, but less than 19, years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim), he may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title or chapter 21 11 See References in Text note below. of title 14, without his consent before the earlier of the following dates—
(1) the date on which he is entitled to be credited with 20 years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim); or
(2) the third anniversary of the date on which he would otherwise be discharged or transferred from an active status.
**(b)** If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 19, but less than 20, years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim), he may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title or chapter 21 1 of title 14, without his consent before the earlier of the following dates—
(1) the date on which he is entitled to be credited with 20 years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim); or
(2) the second anniversary of the date on which he would otherwise be dis
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12646
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113
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Federal law — U.S. Code and appendices · legal_authorities
Page 217
TITLE 14—COAST GUARD
§ 3753
Dec. 20, 2012, 126 Stat. 1558; renumbered § 3751,
Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132
Stat. 4233.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in section 787 of this title prior to the complete
revision of former chapter 21 of this title by Pub. L.
96–322.
AMENDMENTS
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 ‘‘com-
modore’’ for ‘‘rear admiral’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
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.
§ 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 Re-
serve 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—
(1) are on extended active du
Source: Supplied 2024 U.S. Code historical extraction · 14 U.S.C. § 3752
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.