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14 U.S.C. § 2119 — Failure of selection for promotion

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

14 U.S.C. § 2119 — Failure of selection for promotion

An officer, other than an officer serving in the grade of captain, who is, or is senior to, the junior officer in the promotion zone established for his grade under [section 2111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2111&num=0&edition=prelim), fails of selection if he is not selected for promotion by the selection board which considered him, or if having been recommended for promotion by the board, his name is thereafter removed from the report of the board by the President.

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Source file: Laws/federal/codes/united-states-code/title-14/section-2119-failure-of-selection-for-promotion--f51bda1f0b.md
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Source location: Title 14, Chapter 21, § 2119; chapter-021-personnel-officers.md

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

14 U.S.C. § 2111 — Promotion zones

**(a)** Before convening a selection board to recommend officers for promotion to any grade above lieutenant (junior grade) and below rear admiral (lower half), the Secretary shall establish a promotion zone for the grade to be considered. The promotion zone for each grade shall consist of the most senior officers of that grade on the active duty promotion list who are eligible for consideration for promotion to the next higher grade and who have not previously been placed in a promotion zone for selection for promotion to the next higher grade. The number of officers in each zone shall be determined after considering— (1) the needs of the service; (2) the estimated numbers of vacancies available in future years to provide comparable opportunity for promotion of officers in successive year groups; and (3) the extent to which current terms of service in that grade conform to a desirable career promotion pattern. However, such number of officers shall not exceed the number to be selected for promotion divided by one-half. **(b)** Promotion zones from which officers will be selected for promotion to the grade of rear admiral (lower half) shall be established by the Secretary as the needs of the service require.

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

14 U.S.C. § 2118 — Selection boards; submission of reports

**(a)** 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 submit its report to the Secretary. If the board has acted contrary to law or regulation, the Secretary may return the report for proceedings in revision and resubmission to the Secretary. After his final review, the Secretary shall submit the report of the board to the President for his approval, modification, or disapproval. **(b)** If any officer recommended for promotion is not acceptable to the President, the President may remove the name of that officer from the report of the board. **(c)** Upon approval by the President the names of officers selected for promotion by 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 be promptly disseminated to the service at large. **(d)** Except as required by this section, the proceedings of a selection board, including a special selection board convened under section 2120, shall not be disclosed to any individual who is not a member of the board. **(e)** If the Secretary makes a recommendation under this section that the name of an officer be removed from a report of a selection board and the recommendation is accompanied by information that was not presented to that selection board, that information shall be made available to that officer. The officer shall then be afforded a reasonable opportunity to submit comments on that information to the officials making the recommendation and the officials reviewing the recommendation. If an eligible officer cannot be given access to such information because of its classification status, the officer shall,

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

14 U.S.C. § 2119 — Failure of selection for promotion

Page 131 TITLE 14—COAST GUARD § 2119 § 313(2), Nov. 25, 2002, 116 Stat. 2103; Pub. L. 111–281, title II, § 212(4), Oct. 15, 2010, 124 Stat. 2915; renumbered § 2117 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 260 of this title as this section. Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2106’’ for ‘‘section 251’’ and ‘‘section 2121(a)’’ for ‘‘section 271(a)’’. Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2106’’ for ‘‘section 251’’ and ‘‘section 2115’’ for ‘‘section 258’’. 2010—Subsec. (b). Pub. L. 111–281 inserted ‘‘to meet the needs of the service (as noted in specific direction furnished the board by the Secretary under section 258 of this title)’’ after ‘‘qualified for promotion’’. 2002—Subsec. (a). Pub. L. 107–295 inserted ‘‘and the names of those officers recommended to be advanced to the top of the list of selectees established by the Sec- retary under section 271(a) of this title’’ before period at end. § 2118. Selection boards; submission of reports (a) A board convened under section 2106 of this title shall submit its report to the Secretary. If the board has acted contrary to law or regula- tion, the Secretary may return the report for proceedings in revision and resubmission to the Secretary. After his final review, the Secretary shall submit the report of the board to the President for his approval, modification, or dis- approval. (b) If any officer recommended for promotion is not acceptable to the President, the President may remove the name of that officer from the report of the board. (c) Upon approval by the President the names of officers selected fo

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