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

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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Source file: Laws/federal/codes/united-states-code/title-14/section-2118-selection-boards-submission-of-reports--e3eab777db.md
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Source location: Title 14, Chapter 21, § 2118; chapter-021-personnel-officers.md

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

14 U.S.C. § 2101 — Original appointment of permanent commissioned officers

**(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.

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

14 U.S.C. § 2120 — Special selection boards; correction of errors

**(a) Officers Not Considered Due to Administrative Error.—** (1) **In general.—** — If the Secretary determines that as the result of an administrative error— (A) an officer or former officer was not considered for selection for promotion by a selection board convened under section 2106; or (B) the name of an officer or former officer was not placed on an all-fully-qualified-officers list; the Secretary shall convene a special selection board to determine whether such officer or former officer should be recommended for promotion and such officer or former officer shall not be considered to have failed of selection for promotion prior to the consideration of the special selection board. (2) **Effect of failure to recommend for promotion.—** — If a special selection board convened under paragraph (1) does not recommend for promotion an officer or former officer, whose grade is below the grade of captain and whose name was referred to that board for consideration, the officer or former officer shall be considered to have failed of selection for promotion. **(b) Officers Considered But Not Selected; Material Error.—** (1) **In general.—** — In the case of an officer or former officer who was eligible for promotion, was considered for selection for promotion by a selection board convened under section 2106, and was not selected for promotion by that board, the Secretary may convene a special selection board to determine whether the officer or former officer should be recommended for promotion, if the Secretary determines that— (A) an action of the selection board that considered the officer or former officer— (i) was contrary to law in a matter material to the decision of the board; or (ii) involved material error of fact or material administrative

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

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

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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