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50 U.S.C. § 1381 to 1398 — Repealed. Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1569

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

50 U.S.C. § 1381 to 1398 — Repealed. Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1569

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Stable record: federal_law:legal_authorities:record_usc_7c8b1d9ce8f26a719117535a
Source file: Laws/federal/codes/united-states-code/title-50/section-1381-to-1398-50-u-s-c-1381-to-1398-repealed-pub-l-85861-36a-sept-2-1958-72-stat-1569--0348e6d09e.md
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Source location: Title 50, Chapter 27, § 1381 to 1398; chapter-027-reserve-officer-personnel-program.md

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### Statutory Notes Section 1381, act Sept. 3, 1954, ch. 1257, title VI, § 601, 68 Stat. 1183, defined terms used in sections 1381 to 1399 of this title. See [section 3731 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3731&num=0&edition=prelim), Coast Guard. Section 1382, act Sept. 3, 1954, ch. 1257, title VI, § 602, 68 Stat. 1183, related to applicability of sections 1381 to 1399 of this title. See [section 3732 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3732&num=0&edition=prelim). Section 1383, act Sept. 3, 1954, ch. 1257, title VI, § 603, 68 Stat. 1184, related to authorized numbers and distribution of officers in the Coast Guard Reserve. See [section 3735 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3735&num=0&edition=prelim). Section 1384, act Sept. 3, 1954, ch. 1257, title VI, § 604, 68 Stat. 1184, related to promotions and selection boards. See [section 3740 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3740&num=0&edition=prelim). Section 1385, act Sept. 3, 1954, ch. 1257, title VI, § 605, 68 Stat. 1185, provided for precedence. See [section 3736 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3736&num=0&edition=prelim). Section 1386, acts Sept. 3, 1954, ch. 1257, title VI, § 606, 68 Stat. 1185; June 30, 1955, ch. 247, § 5(a), 69 Stat. 221, related to running mates. See [section 3737 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3737&num=0&edition=prelim). Section 1387, act Sept. 3, 1954, ch. 1257, title VI, § 607, 68 Stat. 1186, related to promotion zones. See [section 3742 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3742&num=0&edition=prelim). Section 1388, acts Sept. 3, 1954, ch. 1257, title VI, § 608, 68 Stat. 1186; June 30, 1955, ch. 247, § 5(b), 69 Stat. 221, related to date of rank upon promotion. See [section 3747 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3747&num=0&edition=prelim). Section 1389, act Sept. 3, 1954, ch. 1257, title VI, § 609, 68 Stat. 1186, related to minimum points for consideration for promotion. Section 1390, act Sept. 3, 1954, ch. 1257, title VI, § 610, 68 Stat. 1186, related to qualifications for promotion. See [section 3745 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3745&num=0&edition=prelim). Section 1391, act Sept. 3, 1954, ch. 1257, title VI, § 611, 68 Stat. 1186, related to failure of selection and elimination. See [section 3751 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3751&num=0&edition=prelim). Section 1392, act Sept. 3, 1954, ch. 1257, title VI, § 612, 68 Stat. 1187, provided for removal from promotion list by the President. See [section 3749 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3749&num=0&edition=prelim). Section 1393, act Sept. 3, 1954, ch. 1257, title VI, § 613, 68 Stat. 1187, related to maximum ages for active status. See [section 3753 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3753&num=0&edition=prelim). Section 1394, act Sept. 3, 1954, ch. 1257, title VI, § 614, 68 Stat. 1187, related to type of promotion. See [section 3748 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3748&num=0&edition=prelim). Section 1395, act Sept. 3, 1954, ch. 1257, title VI, § 615, 68 Stat. 1188, related to promotion of officers serving on active duty. See [section 3739 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3739&num=0&edition=prelim). Section 1396, act Sept. 3, 1954, ch. 1257, title VI, § 616, 68 Stat. 1188, provided for appointment of former Navy and Coast Guard officers. See [section 3755 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3755&num=0&edition=prelim). Section 1397, act Sept. 3, 1954, ch. 1257, title VI, § 617, 68 Stat. 1188, provided for recall of retired officers. See [section 3757 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3757&num=0&edition=prelim). Section 1398, act Sept. 3, 1954, ch. 1257, title VI, § 618, 68 Stat. 1188, authorized the Secretary to promulgate regulations.

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

14 U.S.C. § 3753 — Maximum ages for retention in an active status

**(a)** A Reserve officer, if qualified, shall be transferred to the Retired Reserve on the day the officer becomes 60 years of age unless on active duty. If not qualified for retirement, a Reserve officer shall be discharged effective upon the day the officer becomes 60 years of age unless on active duty. **(b)** A Reserve officer on active duty shall, if qualified, be retired effective upon the day the officer become 62 years of age. If not qualified for retirement, a Reserve officer on active duty shall be discharged effective upon the day the officer becomes 62 years of age. **(c)** Notwithstanding subsections (a) and (b), the Secretary may authorize the retention of a Reserve rear admiral or rear admiral (lower half) in an active status not longer than the day on which the officer concerned becomes 64 years of age. **(d) Retention of Health Professions Officers.—** (1) **In general.—** — Notwithstanding subsections (a), (b), and (c), the Secretary may authorize the retention of a Reserve health professions officer in an active status not beyond the first day of the month following the month in which the health professions officer concerned becomes 68 years of age. (2) **Rule of construction.—** — Nothing in this subsection may be construed to prohibit or modify the application of any provision relating to mandatory separation or disciplinary action. (3) **Health professions officer defined.—** — In this subsection, the term “health professions officer” means an officer or enlisted member of the Coast Guard in good standing who is— (A) a physician, surgeon, medical specialist, nurse or nurse practitioner, physician’s assistant, health service technician, therapist, fully licensed clinical psychotherapist, counselor, social worker, medical assistant, radiolo

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

14 U.S.C. § 3731 — Definitions

As used in this subchapter— (1) “Reserve officer” means a commissioned officer in the Reserve, except an officer excluded by [section 3732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3732&num=0&edition=prelim) or a commissioned warrant officer; and (2) “discharged” means released from an appointment as a Reserve officer.

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

14 U.S.C. § 3732 — Applicability of this subchapter

This subchapter applies only to the Reserve; except that it does not apply to a temporary member of the Reserve.

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

14 U.S.C. § 3735 — Authorized number of officers

**(a)** The authorized number of officers in the Reserve in an active status is 5,000. Reserve officers on an active-duty list shall not be counted as part of the authorized number of officers in the Reserve. The actual number of Reserve officers in an active status at any time shall not exceed the authorized number unless the Secretary determines that a greater number is necessary for planned mobilization requirements, or unless the excess results directly from the operation of law. **(b)** (1) The Secretary shall make, at least once each year, a computation to determine the number of Reserve officers in an active status authorized to be serving in each grade. The number in each grade shall be computed by applying the applicable percentage to the total number of such officers serving in an active status on the date the computation is made. The number of Reserve officers in an active status below the grade of rear admiral (lower half) shall be distributed by pay grade so as not to exceed percentages of commissioned officers authorized by [section 2103(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2103/b&num=0&edition=prelim). When the actual number of Reserve officers in an active status in a particular pay grade is less than the maximum percentage authorized, the difference may be applied to the number in the next lower grade. A Reserve officer may not be reduced in rank or grade solely because of a reduction in an authorized number as provided for in this subsection, or because an excess results directly from the operation of law. (2) The authorized number of Reserve Officers in an active status not on active duty in the grades of rear admiral (lower half) and rear admiral is a total of two. However, the Secretary of

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

14 U.S.C. § 3755 — Appointment of a former Navy or Coast Guard officer

A former officer of the Regular Navy or Coast Guard who applies for a Reserve commission within one year of resigning the officer’s Regular commission, and who is appointed in the same grade previously held in the Regular Navy or Coast Guard, shall be given the same date of rank in that grade as that previously assigned to the officer while a member of the Regular Navy or Coast Guard.

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

14 U.S.C. § 3736 — Precedence

**(a)** Reserve officers rank and take precedence in their respective grades among themselves and with officers of the same grade on the active duty promotion list, officers designated by the Secretary pursuant to this section, and the officers on the permanent commissioned teaching staff in accordance with their dates of rank. When Reserve officers and officers on the active duty promotion list, officers designated by the Secretary pursuant to this section, or the officers on the permanent commissioned teaching staff have the same date of rank in a grade, they take precedence as determined by the Secretary. **(b)** Notwithstanding any other law, a Reserve officer shall not lose precedence when transferred to or from the active duty promotion list, nor shall that officer’s date of rank be changed due to the transfer. **(c)** A Reserve officer shall, when on the active duty promotion list, be promoted in the same manner as any other officer on the active duty promotion list regardless of the length of active duty service of the Reserve officer. **(d)** Notwithstanding any other law, a Reserve officer shall not lose precedence by reason of promotion to the grade of rear admiral or rear admiral (lower half), if the promotion is determined in accordance with a running mate system. **(e)** The Secretary shall adjust the date of rank of a Reserve officer so that no changes of precedence occur.

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

14 U.S.C. § 3749 — Effect of removal by the President or failure of consent of the Senate

**(a)** The President may, for cause, remove the name of any officer from a list of selectees established under [section 3740 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3740&num=0&edition=prelim). **(b)** If the Senate, where required, does not consent to the appointment of an officer whose name is on a list of selectees established under [section 3740 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3740&num=0&edition=prelim), that officer’s name shall be removed from the list. **(c)** An officer whose name is removed from a list of selectees under subsection (a) or (b) continues to be eligible for consideration for promotion. If selected for promotion by the next selection board and promoted, that officer shall be assigned the date of rank and precedence that would have been assigned if the officer’s name had not been previously removed. However, if the officer is not selected by the next selection board, or if the officer’s name is again removed from the list of selectees, the officer 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. § 3745 — Qualifications for promotion

**(a)** A Reserve officer shall not be promoted to a higher grade unless the officer has been found to be physically qualified and the character of the officer’s service subsequent to the convening of the selection board which recommended the officer for promotion has been verified as satisfactory. **(b)** Subsection (a) of this section does not exclude from promotion a Reserve officer physically disqualified by a medical board for duty at sea or in the field, if the disqualification results from wounds received in the line of duty, and those wounds do not incapacitate the officer for other duties in the grade to which the officer is to be promoted.

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

14 U.S.C. § 3747 — Date of rank upon promotion; entitlement to pay

**(a)** When a Reserve officer is promoted to the next higher grade under this subchapter, the date of rank shall be the date of appointment in that grade, unless the promotion was determined in accordance with a running mate system, in which event the same date of rank shall be assigned as that assigned to the officer’s running mate. A Reserve officer so promoted shall be allowed the pay and allowances of the higher grade for duty performed from the date of the officer’s appointment thereto. **(b)** Notwithstanding any other provision of law and subject to subsection (c), if promotion of an inactive duty promotion list officer to the grade of rear admiral or rear admiral (lower half) is determined in accordance with a running mate system, a reserve officer, if acceptable to the President and the Senate, shall be promoted to the next higher grade no later than the date the officer’s running mate is promoted. **(c)** For the purposes of this section, the date of appointment shall be that date when promotion authority is exercised by the Secretary. However, the Secretary may adjust the date of appointment— (1) if a delay in the finding required under [section 3745(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3745/a&num=0&edition=prelim) is beyond the control of the officer and the officer is otherwise qualified for promotion; or (2) for any other reason that equity requires.

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

14 U.S.C. § 3751 — Failure of selection and removal from an active status

**(a)** The Secretary— (1) may remove from an active status a Reserve officer who has twice failed of selection to the next higher grade; and (2) shall remove from an active status a Reserve officer serving in the grade of captain who has completed thirty years of total commissioned service and whose name is not carried on an approved list of selectees for promotion to the grade of rear admiral (lower half). **(b)** A Reserve officer who has twice failed of selection to the next higher grade and who is not removed from an active status under subsection (a)(1) of this section shall be retained for the period prescribed by the Secretary. **(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 removed from an active status under subsection (a) of 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 as follows: (1) if removed from an active status under subsection (a)(1) of this section, on June 30 next following the approval date of the board report by virtue of which the officer’s second failure of selection occurs; or (2) if removed from an active status under subsection (a)(2) of this section, on June 30 next following the date on which the officer completes thirty years of total commissioned service as computed under this section. **(d)** For the purpose of this section, the total commissioned service of an officer who has served continuously in the Reserve following appointment in the grade of ensign shall be computed from the date on which that appointment to the Reserve was acc

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