14 U.S.C. § 2107 — Selection boards; composition of boards

Page 127 TITLE 14—COAST GUARD § 2109 tenant in the Regular Coast Guard and Coast Guard Re- serve delegated to Secretary of Homeland Security by Ex. Ord. No. 14106, § 1(e), Aug. 14, 2023, 88 F.R. 55905, set out in a note under section 2101 of this title. § 2105. Rank of warrant officers (a) Among warrant officer grades, warrant of- ficers of a higher numerical designation are sen- ior to warrant officer grades of a lower numer- ical designation. (b) Warrant officers shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in the Coast Guard in such grade. Prece- dence among warrant officers of the same grade who have the same date of commission shall be determined by regulations prescribed by the Secretary. (Added Pub. L. 103–337, div. A, title V, § 541(e)(1), Oct. 5, 1994, 108 Stat. 2766, § 215; renumbered § 2105, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 215 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the fourth month beginning after Oct. 5, 1994, see section 541(h) of Pub. L. 103–337, set out as an Effective Date of 1994 Amendment note under section 571 of Title 10, Armed Forces. § 2106. Selection boards; convening of boards At least once a year and at such other times as the needs of the service require, the Sec- retary shall convene selection boards to rec- ommend 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 pro- motion to a grade when no vacancies exist in the grade concerned, and he estimates that none will occur in the next twelve months. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 178, § 251; renumbered § 2106, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 251 of this title as this section. § 2107. Selection boards; composition of boards A board convened under section 2106 of this title shall consist of five or more officers on the active duty promotion list who are serving in or above the grade to which the board may rec- ommend officers for promotion. No officer may be a member of two successive boards convened to consider officers of the same grade for pro- motion. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 252; renumbered § 2107 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, § 123(b)(2), substituted ‘‘section 2106’’ for ‘‘section 251’’. Pub. L. 115–282, § 112(b), renumbered section 252 of this title as this section. § 2108. Selection boards; notice of convening; communication with board (a) Before a board is convened under section 2106 of this title, notice of the convening date, the promotion zone to be considered, and the of- ficers eligible for consideration shall be given to the service at large. (b) Each officer eligible for consideration by a selection board convened under section 2106 of this title may send a communication through official channels to the board, to arrive not later than the date the board convenes, inviting at- tention to any matter of record in the armed forces concerning such officer. A communication sent under this section may not criticize any of- ficer or reflect upon the character, conduct, or motive of any officer. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 253; amended Pub. L. 89–444, § 1(15), June 9, 1966, 80 Stat. 196; Pub. L. 111–281, title II, § 212(1), Oct. 15, 2010, 124 Stat. 2914; renumbered § 2108 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8506(b), Jan. 1, 2021, 134 Stat. 4752.) Editorial Notes AMENDMENTS 2021—Subsec. (b). Pub. L. 116–283 substituted ‘‘such of- ficer’’ for ‘‘himself’’. 2018—Pub. L. 115–282, § 112(b), renumbered section 253 of this title as this section. Subsecs. (a), (b). Pub. L. 115–282, § 123(b)(2), sub- stituted ‘‘section 2106’’ for ‘‘section 251’’. 2010—Subsec. (a). Pub. L. 111–281 inserted ‘‘and’’ after ‘‘zone to be considered,’’ and struck out ‘‘, and the number of officers the board may recommend for pro- motion’’ after ‘‘eligible for consideration’’. 1966—Subsec. (a). Pub. L. 89–444 added officers eligible for consideration to list of items for which notice must be given to the service at large before a board is con- vened under section 251 of this title. § 2109. Selection boards; oath of members Each member of a selection board shall swear— (1) that the member will, without prejudice or partiality, and having in view both the spe- cial fitness of officers and the efficiency of the Coast Guard, perform the duties imposed upon the member; and (2) an oath in accordance with section 931. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 254; amended Pub. L. 112–213, title II, § 207, Dec. 20, 2012, 126 Stat. 1546; renumbered § 2109 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)