14 U.S.C. § 3743 — Eligibility for promotion

Page 214 TITLE 14—COAST GUARD § 3743 1 So in original. Probably should be ‘‘section 3752(a)’’. section (a), a Reserve officer shall, subject to the eligi- bility requirements of this subchapter,’’ for ‘‘Subject to the eligibility requirements of this subchapter, a Re- serve officer shall’’, and added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–398 applicable with re- spect to selection boards convened under section 3741 of this title on or after Oct. 30, 2000, see section 1 [[div. A], title V, § 502(c)] of Pub. L. 106–398, set out as a note under section 3740 of this title. § 3743. Eligibility for promotion (a) IN GENERAL.—Except as provided in sub- section (b), a Reserve officer is eligible for con- sideration for promotion and for promotion under this subchapter if that officer is in an ac- tive status. (b) EXCEPTION.—A Reserve officer who has been considered but not recommended for reten- tion in an active status by a board convened under subsection 3752(a) 1 of this title is not eli- gible for consideration for promotion. (c) REQUEST FOR EXCLUSION.— (1) IN GENERAL.—The Commandant may pro- vide that an officer may, upon the officer’s re- quest and with the approval of the Com- mandant, be excluded from consideration by a selection board convened under section 3740(b) of this title to consider officers for promotion to the next higher grade. (2) APPROVAL OF REQUEST.—The Com- mandant shall approve a request under para- graph (1) only if— (A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Coast Guard, a ca- reer progression requirement delayed by the assignment or education, or a qualifying personal or professional circumstance, as de- termined by the Commandant; (B) the Commandant determines the exclu- sion from consideration is in the best inter- est of the Coast Guard; and (C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1011, § 732; renumbered § 3743 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8202(b), Jan. 1, 2021, 134 Stat. 4643.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 774 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322. AMENDMENTS 2021—Pub. L. 116–283 amended section generally. Prior to amendment, text read as follows: ‘‘A Reserve officer is eligible for consideration for promotion and for pro- motion under this subchapter, if that officer is in an active status. A Reserve officer who has been consid- ered but not recommended for retention in an active status by a board convened under subsection 3752(a) of this title, is not eligible for consideration for pro- motion.’’ 2018—Pub. L. 115–282, § 123(b)(2), substituted ‘‘sub- section 3752(a)’’ for ‘‘subsection 741(a)’’. Pub. L. 115–282, § 118(b), renumbered section 732 of this title as this section. § 3744. Recommendation for promotion of an offi- cer previously removed from an active status A Reserve officer recommended for promotion by a selection board but not promoted because of removal from an active status shall be recon- sidered by a selection board after returning to an active status and if selected shall be placed on a recommended list of selectees for pro- motion. A Reserve officer to whom this section applies is not considered to have failed of selec- tion when eliminated from a list of selectees for promotion solely as a result of being removed from an active status. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1012, § 733; renumbered § 3744, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 777 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 renumbered section 733 of this title as this section. § 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 satis- factory. (b) Subsection (a) of this section does not ex- clude from promotion a Reserve officer phys- ically disqualified by a medical board for duty at sea or in the field, if the disqualification re- sults 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. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1012, § 734; renumbered § 3745, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 786 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 renumbered section 734 of this title as this section.