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14 U.S.C. § 2125 — Wartime temporary service promotions
Federal law — U.S. Code and appendices · legal_authorities
**(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**(d)** Repealed.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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Source location: Title 14, Chapter 21, § 2125; chapter-021-personnel-officers.md
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**(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 Secretary as the date of the appointment, and the officer so promoted is entitled to pay and allowances of the grade to which appointed from that date.
**(h)** An appointment under this section does not terminate any appointments held by an officer concerned under any other provisions of this title. The President may terminate temporary appointments made under this section at any time. An appointment under this section is effective for such period as the President determines. However, an appointment may not be effective later than six months after the end of the war or national emergency. When his temporary appointment under this section is terminated or expires, the officer shall revert to his former grade.
**(i)** Not later than six months after the end of the war or national emergency the President shall, under such regulations as he may prescribe, reestablish the active duty promotion list with adjustments and additions appropriate to the conditions of original appointment and wartime service of all officers to be included thereon. The President may, by and with the advice and consent of the Senate, appoint officers on the reestablished active duty promotion list to fill vacancies in the authorized active duty strength of each grade. Such appointments shall be considered to have been made under [section 2121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2121&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In time of national emergency declared by the President after January 1, 1953, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons concerned, order any unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Reserve under the jurisdiction of that Secretary to active duty for not more than 24 consecutive months.
**(b)** To achieve fair treatment as between members in the Ready Reserve who are being considered for recall to duty without their consent, consideration shall be given to—
(1) the length and nature of previous service, to assure such sharing of exposure to hazards as the national security and military requirements will reasonably allow;
(2) family responsibilities; and
(3) employment necessary to maintain the national health, safety, or interest.
The Secretary of Defense shall prescribe such policies and procedures as he considers necessary to carry out this subsection.
**(c)** Not more than 1,000,000 members of the Ready Reserve may be on active duty, without their consent, under this section at any one time.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12302
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2121
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An officer on the active duty promotion list becomes eligible for consideration for promotion to the next higher grade at the beginning of the promotion year in which he completes the following amount of service computed from his date of rank in the grade in which he is serving:
(1) two years in the grade of lieutenant (junior grade);
(2) three years in the grade of lieutenant;
(3) four years in the grade of lieutenant commander;
(4) four years in the grade of commander; and
(5) three years in the grade of captain.
**(b)** For the purpose of this section, service in a grade includes all qualifying service in that grade or a higher grade, under either a temporary or permanent appointment. However, service in a grade under a temporary service appointment under [section 2125 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2125&num=0&edition=prelim) is considered as service only in the grade that the officer concerned would have held had he not been so appointed.
**(c)** No officer may become eligible for consideration for promotion until all officers of his grade senior to him are so eligible.
**(d)** Except when his name is on a list of selectees, each officer who becomes eligible for consideration for promotion to the next higher grade remains eligible so long as he—
(1) continues on active duty; and
(2) is not promoted to that grade.
**(e)** An officer whose involuntary retirement or separation is deferred under [section 2156 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2156&num=0&edition=prelim) is not eligible for consideration for promotion to the next higher grade during the period of that deferment.
**(f)** The Secretary may waive subsection (a) to the exten
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2113
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Federal law — U.S. Code and appendices · legal_authorities
Page 137
TITLE 14—COAST GUARD
§ 2125
Editorial Notes
AMENDMENTS
2018—Pub. L. 115–282, § 112(b), renumbered section 272
of this title as this section.
Subsecs. (a), (b). Pub. L. 115–282, § 123(b)(2), sub-
stituted ‘‘section 2121’’ for ‘‘section 271’’.
Executive Documents
DELEGATION OF AUTHORITY
Authority of President under subsec. (a) of this sec-
tion to remove a name of an officer from a list of se-
lectees delegated to Secretary of Homeland Security by
Ex. Ord. No. 14106, § 1(b), Aug. 14, 2023, 88 F.R. 55905, set
out in a note under section 2101 of this title.
§ 2123. Promotions; acceptance; oath of office
(a) An officer who receives an appointment
under section 2121 of this title is considered to
have accepted his appointment on its effective
date, unless he expressly declines the appoint-
ment.
(b) An officer who has served continuously
since he subscribed to the oath of office pre-
scribed in section 3331 of title 5 is not required
to take a new oath upon his appointment in a
higher grade.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77
Stat. 182, § 273; amended Pub. L. 94–546, § 1(20),
Oct. 18, 1976, 90 Stat. 2520; renumbered § 2123 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 273
of this title as this section.
Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted
‘‘section 2121’’ for ‘‘section 271’’.
1976—Subsec. (b). Pub. L. 94–546 substituted reference
to section 3331 of title 5 for reference to section 16 of
title 5.
§ 2124. Promotions; pay and allowances
An officer who is promoted under section 2121
of this title shall be entitled to the pay and al-
lowances of the grade to which promoted fro
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