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14 U.S.C. § 2121 — Promotions; appointments

Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2121 — Promotions; appointments

**(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

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Stable record: federal_law:legal_authorities:record_usc_495b204ee1f27645044ff35d
Source file: Laws/federal/codes/united-states-code/title-14/section-2121-promotions-appointments--a573ba0bea.md
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Source location: Title 14, Chapter 21, § 2121; chapter-021-personnel-officers.md

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**(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 advice and consent of the Senate, to fill the vacancy. The appointment shall be effective on the date the vacancy occurred. **(e)** Appointments of regular officers under this section shall be made by the President, by and with the advice and consent of the Senate except that advice and consent is not required for appointments under this section in the grade of lieutenant (junior grade) or lieutenant. Appointments of Reserve officers shall be made as prescribed in [section 12203 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12203&num=0&edition=prelim). **(f)** (1) The promotion of an officer may be delayed without prejudice if any of the following applies: (A) The officer is under investigation or proceedings of a court-martial or a board of officers are pending against the officer. (B) A criminal proceeding in a Federal or State court is pending against the officer. (C) The Secretary determines that credible information of an adverse nature, including a substantiated adverse finding or conclusion described in section 2115(a)(3), with respect to the officer will result in the convening of a special selection review board under [section 2120a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2120a&num=0&edition=prelim) to review the officer and recommend whether the recommendation for promotion of the officer should be sustained. (2) (A) Subject to subparagraph (B), a promotion may be delayed under this subsection until, as applicable— (i) the completion of the investigation or proceedings described in subparagraph (A); (ii) a final decision in the proceeding described in subparagraph (B) is issued; or (iii) the special selection review board convened under [section 2120a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2120a&num=0&edition=prelim) issues recommendations with respect to the officer. (B) Unless the Secretary determines that a further delay is necessary in the public interest, a promotion may not be delayed under this subsection for more than one year after the date the officer would otherwise have been promoted. (3) An officer whose promotion is delayed under this subsection and who is subsequently promoted shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held had his promotion not been so delayed.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12203 — Commissioned officers: appointment, how made; term

**(a)** Appointments of reserve officers in commissioned grades of lieutenant colonel and commander or below, except commissioned warrant officer, shall be made by the President alone. Appointments of reserve officers in commissioned grades above lieutenant colonel and commander shall be made by the President, by and with the advice and consent of the Senate, except as provided in section 624, 12213, or 12214 of this title. **(b)** Subject to the authority, direction, and control of the President, the Secretary of Defense may appoint as a reserve commissioned officer any regular officer transferred from the active-duty list of an armed force to the reserve active-status list of a reserve component under [section 647 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section647&num=0&edition=prelim), notwithstanding the requirements of subsection (a). **(c)** Appointments of Reserves in commissioned grades are for an indefinite term and are held during the pleasure of the President.

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2103 — Number and distribution of commissioned officers on active duty promotion list

**(a) Maximum Total Number.—** (1) **In general.—** — The total number of Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed— (A) 7,100 in fiscal year 2022; (B) 7,200 in fiscal year 2023; (C) 7,300 in fiscal year 2024; and (D) 7,400 in fiscal year 2025 and each subsequent fiscal year. (2) **Temporary increase.—** — Notwithstanding paragraph (1), the Commandant may temporarily increase the total number of commissioned officers permitted under such paragraph by up to 4 percent for not more than 60 days after the date of the commissioning of a Coast Guard Academy class. (3) **Notification.—** — Not later than 30 days after exceeding the total number of commissioned officers permitted under paragraphs (1) and (2), and each 30 days thereafter until the total number of commissioned officers no longer exceeds the number of such officers permitted under paragraphs (1) and (2), the Commandant shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the number of officers on the active duty promotion list on the last day of the preceding 30-day period. **(b) Distribution Percentages by Grade.—** (1) **Required.—** — The total number of commissioned officers authorized by this section shall be distributed in grade in the following percentages: 0.375 percent for rear admiral; 0.375 percent for rear admiral (lower half); 6.0 percent for captain; 15.0 percent for commander; and 22.0 percent for lieutenant commander. (2) **Discretionary.—** — The Secretary shall prescribe the percentages applicable to the grades of lieutenant, lieutenant (junior grade), and ensign. (3) **Authority of secreta

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2120a — Special selection review boards

**(a) In General.—** (1) If the Secretary determines that a person recommended by a promotion board for promotion to a grade at or below the grade of rear admiral is the subject of credible information of an adverse nature, including any substantiated adverse finding or conclusion described in [section 2115(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2115/a/3&num=0&edition=prelim) that was not furnished to the promotion board during its consideration of the person for promotion as otherwise required by such section, the Secretary shall convene a special selection review board under this section to review the person and recommend whether the recommendation for promotion of the person should be sustained. (2) If a person and the recommendation for promotion of the person is subject to review under this section by a special selection review board convened under this section, the name of the person— (A) shall not be disseminated or publicly released on the list of officers recommended for promotion by the promotion board recommending the promotion of the person; and (B) shall not be forwarded to the President or the Senate, as applicable, or included on a promotion list under [section 2121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2121&num=0&edition=prelim). **(b) Convening.—** (1) Any special selection review board convened under this section shall be convened in accordance with the provisions of [section 2120(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2120/c&num=0&edition=prelim). (2) Any special selection review board convened under this section may review such number of persons, and recommendations for promot

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2101 — Original appointment of permanent commissioned officers

**(a)** (1) The President may appoint permanent commissioned officers in the Regular Coast Guard in grades appropriate to their qualification, experience, and length of service, as the needs of the Coast Guard may require, from among the following categories: (A) Graduates of the Coast Guard Academy. (B) Commissioned warrant officers, warrant officers, and enlisted members of the Regular Coast Guard. (C) Members of the Coast Guard Reserve who have served at least 2 years as such. (D) Licensed officers of the United States merchant marine who have served 2 or more years aboard a vessel of the United States in the capacity of a licensed officer. (2) Original appointments under this section in the grades of lieutenant commander and above shall be made by the President by and with the advice and consent of the Senate. (3) Original appointments under this section in the grades of ensign through lieutenant shall be made by the President alone. **(b)** No individual shall be appointed a commissioned officer under this section until his mental, moral, physical, and professional fitness to perform the duties of a commissioned officer has been established under such regulations as the Secretary shall prescribe. **(c)** Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in such grade. Appointees whose dates of commission are the same shall take precedence with each other as the Secretary shall determine. **(d)** For the purposes of this section, the term “original”, with respect to the appointment of a member of the Coast Guard, refers to that member’s most recent appointment in the Coast Guard that is neither a promotion nor a demotion.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 10001 — Definition of State

In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2122 — Removal of officer from list of selectees for promotion

**(a)** The President may remove the name of any officer from a list of selectees established under [section 2121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2121&num=0&edition=prelim). **(b)** If the Senate does not consent to the appointment of an officer whose name is on a list of selectees established under [section 2121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2121&num=0&edition=prelim), that officer’s name shall be removed from this list. **(c)** An officer whose name is removed from a list under subsection (a) or (b) continues to be eligible for consideration for promotion. If he is selected for promotion by the next selection board and promoted, he shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held if his name had not been removed. However, if the officer is not selected by the next selection board or if his name is again removed from the list of selectees, he shall be considered for all purposes as having twice failed of selection for promotion.

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2123 — Promotions; acceptance; oath of office

**(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

14 U.S.C. § 2124 — Promotions; pay and allowances

An officer who is promoted under [section 2121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2121&num=0&edition=prelim) shall be entitled to the pay and allowances of the grade to which promoted from his date of rank in such grade.

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2125 — Wartime temporary service promotions

**(a)** In time of war, or of national emergency declared by the President or Congress, the President may suspend any section of this chapter relating to the selection, promotion, or involuntary separation of officers. Such a suspension may not continue beyond six months after the termination of the war or national emergency. **(b)** When the preceding sections of this chapter relating to selection and promotion of officers are suspended in accordance with subsection (a), and the needs of the service require, the President may, under regulations prescribed by him, promote to a higher grade any officer serving on active duty in the grade of ensign or above in the Coast Guard. **(c)** In time of war, or of national emergency declared by the President or Congress, the President may, under regulations to be prescribed by him, promote to the next higher warrant officer grade any warrant officer serving on active duty in a grade below chief warrant officer, W–4. **(d)** Repealed. Pub. L. 97–417, § 2(6), Jan. 4, 1983, 96 Stat. 2085.] **(e)** A promotion under this section to a grade above lieutenant may be made only upon the recommendation of a board of officers convened for that purpose. **(f)** A promotion under this section shall be made by an appointment for temporary service. Original appointments under this section in the grades of lieutenant commander and above shall be made by the President by and with the advice and consent of the Senate. Original appointments under this section in the grades of ensign through lieutenant shall be made by the President alone. Any other appointments under this section shall be made by the President alone. **(g)** An appointment under this section, unless expressly declined, is regarded as accepted on the date specified by the Secr

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2121 — Promotions; appointments

Page 135 TITLE 14—COAST GUARD § 2121 (2) A person who is appointed to the next high- er grade as described in paragraph (1) shall, upon that appointment, have the same date of rank, the same effective date for the pay and allow- ances of that grade, and the same position on the active-duty list as the person would have had pursuant to the original recommendation for promotion of the promotion board con- cerned. (g) REGULATIONS.—The Secretary shall pre- scribe regulations to carry out this section. (h) PROMOTION BOARD DEFINED.—In this sec- tion, the term ‘‘promotion board’’ means a se- lection board convened by the Secretary under section 2106 of this title. (Added Pub. L. 117–263, div. K, title CXII, § 11245(b)(1), Dec. 23, 2022, 136 Stat. 4043.) § 2121. Promotions; appointments (a) When the report of a board convened to recommend officers for promotion has been ap- proved by the President, the Secretary shall place the names of all officers selected and ap- proved 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 se- niority on the active duty promotion list. (b) Officers on the list of selectees may be pro- moted by appointment in the next higher grade to fill vacancies in the authorized active duty strength of the grade as determined under sec- tion 2103 of this title after officers on any pre- vious list of selectees for that grade have been promoted. Officers shall be promoted in the order that their names appear on the list of se- lectees. The date of rank of an officer promoted under this subsection shall

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