14 U.S.C. § 3755 — Appointment of a former Navy or Coast

Page 218 TITLE 14—COAST GUARD § 3754 (b) A Reserve officer on active duty shall, if qualified, be retired effective upon the day the officer become 62 years of age. If not qualified for retirement, a Reserve officer on active duty shall be discharged effective upon the day the officer becomes 62 years of age. (c) Notwithstanding subsections (a) and (b), the Secretary may authorize the retention of a Reserve rear admiral or rear admiral (lower half) in an active status not longer than the day on which the officer concerned becomes 64 years of age. (d) For purposes of this section, ‘‘active duty’’ does not include active duty for training, duty on a board, or duty of a limited or temporary nature if assigned to active duty from an inac- tive duty status. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1014, § 742; amended Pub. L. 97–417, § 2(16), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 108–293, title II, § 209, Aug. 9, 2004, 118 Stat. 1035; Pub. L. 114–120, title II, § 209(13), Feb. 8, 2016, 130 Stat. 41; renumbered § 3753, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 742 of this title as this section. 2016—Subsec. (c). Pub. L. 114–120 substituted ‘‘sub- sections’’ for ‘‘subsection’’. 2004—Pub. L. 108–293 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: ‘‘(a) A Reserve officer, if qualified, shall be trans- ferred to the Retired Reserve on the day the officer be- comes sixty-two years of age. ‘‘(b) Notwithstanding subsection (a) of this section, the Secretary may authorize the retention of a Reserve rear admiral or rear admiral (lower half) in an active status not longer than the day on which the officer concerned becomes sixty-four years of age. ‘‘(c) Except as provided for in subsections (a) and (b) of this section, a Reserve officer shall be discharged ef- fective upon the day the officer becomes sixty-two years of age.’’ 1985—Subsec. (b). Pub. L. 99–145 substituted ‘‘rear ad- miral (lower half)’’ for ‘‘commodore’’. 1983—Subsec. (b). Pub. L. 97–417 inserted ‘‘or com- modore’’ after ‘‘rear admiral’’. § 3754. Rear admiral and rear admiral (lower half); maximum service in grade (a) Unless retained in or removed from an ac- tive status under any other law, a reserve rear admiral or rear admiral (lower half) shall be re- tired on July 1 of the promotion year imme- diately following the promotion year in which that officer completes 4 years of service after the appointment of the officer to rear admiral (lower half). (b) Notwithstanding any other provision of law, if promotion of inactive duty promotion list officers to the grade of rear admiral is not determined in accordance with a running mate system, a Reserve officer serving in an active status in the grade of rear admiral (lower half) shall be promoted to the grade of rear admiral, if acceptable to the President and the Senate, on the date the officer has served 2 years in an ac- tive status in grade of rear admiral (lower half), or in the case of a vacancy occurring prior to having served 2 years in an active status, on the date the vacancy occurs, if the officer served at least 1 year in an active status in the grade of rear admiral (lower half). (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1015, § 743; amended Pub. L. 97–417, § 2(17)(A), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 99–145, title V, § 514(c)(1), (3)(A), Nov. 8, 1985, 99 Stat. 629; Pub. L. 108–293, title II, § 220(d), Aug. 9, 2004, 118 Stat. 1039; renumbered § 3754, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 743 of this title as this section. 2004—Pub. L. 108–293 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: ‘‘Unless retained in or removed from an active status under any other law, a Reserve rear admiral or rear admiral (lower half) shall be removed from an active status on the day that offi- cer completes four years combined service in the grades of rear admiral and rear admiral (lower half).’’ 1985—Pub. L. 99–145 substituted references to ‘‘rear admiral (lower half)’’ for ‘‘commodore’’ in section catchline and two places in text. 1983—Pub. L. 97–417 inserted reference to ‘‘com- modore’’ in section catchline and text. § 3755. Appointment of a former Navy or Coast Guard officer A former officer of the Regular Navy or Coast Guard who applies for a Reserve commission within one year of resigning the officer’s Reg- ular commission, and who is appointed in the same grade previously held in the Regular Navy or Coast Guard, shall be given the same date of rank in that grade as that previously assigned to the officer while a member of the Regular Navy or Coast Guard. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1015, § 744; renumbered § 3755, 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 792 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 744 of this title as this section. § 3756. Grade on entry upon active duty A Reserve officer ordered to active duty or ac- tive duty for training shall be ordered in the grade held; except that the Secretary may au- thorize a higher grade. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1015, § 745; renumbered § 3756, 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 776 of this title prior to the complete