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14 U.S.C. § 2116 — Officers to be recommended for promotion

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

14 U.S.C. § 2116 — Officers to be recommended for promotion

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Stable record: federal_law:legal_authorities:record_usc_688ebb68aa8dffe2ab66b962
Source file: Laws/federal/codes/united-states-code/title-14/section-2116-officers-to-be-recommended-for-promotion--737253b3c1.md
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Source location: Title 14, Chapter 21, § 2116; chapter-021-personnel-officers.md

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**(a)** A selection board convened to recommend officers for promotion shall recommend those eligible officers whom the board, giving due consideration to the needs of the Coast Guard for officers with particular skills so noted in specific direction furnished to 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), considers best qualified of the officers under consideration for promotion. No officer may be recommended for promotion unless he receives the recommendation of at least a majority of the members of a board composed of five members, or at least two-thirds of the members of a board composed of more than five members. **(b)** The number of officers that 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) may recommend for promotion to a grade below rear admiral (lower half) from among eligible officers junior in rank to the junior officer in the appropriate promotion zone may not exceed— (1) 5 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of lieutenant or lieutenant commander; (2) 7½ percent of the total number of officers that the board is authorized to recommend for promotion to the grade of commander; and (3) 10 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of captain; unless such percentage is a number less than one, in which case the board may recommend one such officer for promotion. **(c)** (1) In selecting the officers to be recommended for promotion, a selection board may recommend officers of particular merit, from among those officers chosen for promotion, to be placed at the top of the list of selectees promulgated 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). The number of officers that a board may recommend to be placed at the top of the list of selectees may not exceed three times the percentages set forth in subsection (b) unless such a percentage is a number less than one, in which case the board may recommend one officer for such placement. No officer may be recommended to be placed at the top of the list of selectees unless he or she receives the recommendation of at least a majority of the members of a board composed of five members, or at least two-thirds of the members of a board composed of more than five members. (2) The Secretary shall conduct a survey of the Coast Guard officer corps to determine if implementation of this subsection will improve Coast Guard officer retention. A selection board may not make any recommendation under this subsection before the date on which the Secretary publishes a finding, based upon the results of the survey, that implementation of this subsection will improve Coast Guard officer retention. (3) The Secretary shall submit any finding made by the Secretary pursuant to paragraph (2) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

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

14 U.S.C. § 2115 — Selection boards; information to be furnished boards

**(a) In General.—** The Secretary shall furnish the appropriate selection board convened under [section 2106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2106&num=0&edition=prelim) with— (1) the number of officers that the board may recommend for promotion to the next higher grade; (2) the names and records of all officers who are eligible for consideration for promotion to the grade to which the board will recommend officers for promotion; and (3) in the case of an eligible officer considered for promotion to a rank above lieutenant, any credible information of an adverse nature, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry and any information placed in the personnel service record of the officer under section 1745(a) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; [10 U.S.C. 1561](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1561&num=0&edition=prelim) note), shall be furnished to the selection board in accordance with standards and procedures set out in the regulations prescribed by the Secretary. **(b) Provision of Direction and Guidance.—** (1) In addition to the information provided pursuant to subsection (a), the Secretary may furnish the selection board— (A) specific direction relating to the needs of the Coast Guard for officers having particular skills, including direction relating to the need for a minimum number of officers with particular skills within a specialty; and (B) any other guidance that the Secretary believes may be necessary to enable the board to properly perform its functions. (2) Selections made based on the direction and guidance provided under this subs

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

14 U.S.C. § 2106 — Selection boards; convening of boards

At least once a year and at such other times as the needs of the service require, the Secretary shall convene selection boards to recommend for promotion to the next higher grade officers on the active duty promotion list in each grade from lieutenant (junior grade) through captain, with separate boards for each grade. However, the Secretary is not required to convene a board to recommend officers for promotion to a grade when no vacancies exist in the grade concerned, and he estimates that none will occur in the next twelve months.

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

14 U.S.C. § 2116 — Officers to be recommended for pro-

Page 130 TITLE 14—COAST GUARD § 2116 ‘‘with:’’ in introductory provisions, and added subsec. (b). 1996—Cl. (2). Pub. L. 104–324 struck out ‘‘, with identi- fication of those officers who are in the promotion zone’’ after ‘‘officers for promotion’’. 1966—Pub. L. 89–444 substituted ‘‘officers who are eli- gible for consideration for promotion to the grade to which the board will recommend officers for pro- motion’’ for ‘‘officers to be considered by the board’’ in cl. 2. § 2116. Officers to be recommended for pro- motion (a) A selection board convened to recommend officers for promotion shall recommend those el- igible officers whom the board, giving due con- sideration to the needs of the Coast Guard for officers with particular skills so noted in spe- cific direction furnished to the board by the Sec- retary under section 2115 of this title, considers best qualified of the officers under consideration for promotion. No officer may be recommended for promotion unless he receives the rec- ommendation of at least a majority of the mem- bers of a board composed of five members, or at least two-thirds of the members of a board com- posed of more than five members. (b) The number of officers that a board con- vened under section 2106 of this title may rec- ommend for promotion to a grade below rear ad- miral (lower half) from among eligible officers junior in rank to the junior officer in the appro- priate promotion zone may not exceed— (1) 5 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of lieutenant or lieu- tenant commander; (2) 71⁄2 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of commander; and (3) 10 percent of the total num

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