Browse Arkansas Code titles and sections
14 U.S.C. § 3751 — Failure of selection and removal from an active status
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 3751
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 1afbf9632521d30e3a0ab8182c0ead277f95e700e1fd4a695b9d254a9cd4fd8f. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_d12facf0caeda8bed1b94237
Source file: Laws/federal/codes/united-states-code/title-14/section-3751-failure-of-selection-and-removal-from-an-active-status--0137e9bad9.md
Pages: Not recorded – Not recorded
Passage SHA-256: 9fd69149f3373cc9b031427c36a0ab9537fe93f078b26747322eefe3e896ec28
Source location: Title 14, Chapter 37, § 3751; chapter-037-coast-guard-reserve.md
Stored source content
**(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 accepted. A Reserve officer initially appointed in a grade above ensign is considered to have the actual total commissioned service performed in a grade above commissioned warrant officer or the same total commissioned service as an officer of the Regular Coast Guard who has served continuously from an original appointment as ensign, who has not lost numbers or precedence, and who is, or was, junior to the Reserve officer, whichever is greater.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 18, but less than 19, years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim), he may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title or chapter 21 11 See References in Text note below. of title 14, without his consent before the earlier of the following dates—
(1) the date on which he is entitled to be credited with 20 years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim); or
(2) the third anniversary of the date on which he would otherwise be discharged or transferred from an active status.
**(b)** If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 19, but less than 20, years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim), he may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title or chapter 21 1 of title 14, without his consent before the earlier of the following dates—
(1) the date on which he is entitled to be credited with 20 years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim); or
(2) the second anniversary of the date on which he would otherwise be dis
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12646
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
### 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://uscod
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1381 to 1398
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 216
TITLE 14—COAST GUARD
§ 3750
(b) If the Senate, where required, does not con-
sent to the appointment of an officer whose
name is on a list of selectees established under
section 3740 of this title, 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) con-
tinues to be eligible for consideration for pro-
motion. If selected for promotion by the next se-
lection 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.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat.
1013, § 738; renumbered § 3749 and amended Pub.
L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018,
132 Stat. 4233, 4240.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in section 788 of this title prior to the complete
revision of former chapter 21 of this title by Pub. L.
96–322.
AMENDMENTS
2018—Pub. L. 115–282, § 118(b), renumbered section 738
of this title as this section.
Subsecs. (a), (b). Pub. L. 115–282, § 123(b)(2), sub-
stituted ‘‘section 3740’’ for ‘‘section 729’’.
Executive Documents
DELEGATION OF FUNCTIONS
For assignment of functions of President under sub-
sec. (a) of this section, see section 2(d) of Ex. Ord. No.
13358, Sept. 28, 2004, 69 F.R. 58797, set out as a note
under section 301 of Title 3, The President.
§ 3750. Failure of selection for promotion
(a) A Reserve off
Source: Supplied 2024 U.S. Code historical extraction · 14 U.S.C. § 3751
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.