14 U.S.C. § 3749 — Effect of removal by the President or fail-

Page 215 TITLE 14—COAST GUARD § 3749 § 3746. Promotion; acceptance; oath of office (a) A Reserve officer who has been appointed under this subchapter is considered to have ac- cepted the appointment unless delivery thereof cannot be effected. (b) A Reserve officer who has served continu- ously since taking the oath of office prescribed in section 3331 of title 5, is not required to take a new oath of office upon appointment in a high- er grade. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1012, § 735; renumbered § 3746, 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 797 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 735 of this title as this section. § 3747. Date of rank upon promotion; entitlement to pay (a) When a Reserve officer is promoted to the next higher grade under this subchapter, the date of rank shall be the date of appointment in that grade, unless the promotion was deter- mined in accordance with a running mate sys- tem, in which event the same date of rank shall be assigned as that assigned to the officer’s run- ning mate. A Reserve officer so promoted shall be allowed the pay and allowances of the higher grade for duty performed from the date of the officer’s appointment thereto. (b) Notwithstanding any other provision of law and subject to subsection (c), if promotion of an inactive duty promotion list officer to the grade of rear admiral or rear admiral (lower half) is determined in accordance with a running mate system, a reserve officer, if acceptable to the President and the Senate, shall be promoted to the next higher grade no later than the date the officer’s running mate is promoted. (c) For the purposes of this section, the date of appointment shall be that date when promotion authority is exercised by the Secretary. How- ever, the Secretary may adjust the date of ap- pointment— (1) if a delay in the finding required under section 3745(a) of this title is beyond the con- trol of the officer and the officer is otherwise qualified for promotion; or (2) for any other reason that equity requires. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1012, § 736; amended Pub. L. 97–417, § 2(14), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 101–225, title II, § 203(4), Dec. 12, 1989, 103 Stat. 1911; Pub. L. 107–295, title IV, § 411(c), Nov. 25, 2002, 116 Stat. 2118; Pub. L. 108–293, title II, § 220(b), (c), Aug. 9, 2004, 118 Stat. 1039; renum- bered § 3747 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 784 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 736 of this title as this section. Subsec. (c)(1). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 3745(a)’’ for ‘‘section 734(a)’’. 2004—Subsec. (b). Pub. L. 108–293, § 220(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘Notwithstanding any other law, when the running mate of a reserve officer serving in the grade of rear admiral (lower half) is promoted to the grade of rear admiral, the reserve officer shall also be promoted to that grade.’’ Subsec. (c). Pub. L. 108–293, § 220(c), struck out ‘‘of subsection (a)’’ after ‘‘For the purposes’’. 2002—Subsec. (a). Pub. L. 107–295 inserted ‘‘the date of rank shall be the date of appointment in that grade, unless the promotion was determined in accordance with a running mate system, in which event’’ after ‘‘subchapter,’’. 1989—Subsec. (c). Pub. L. 101–225 inserted provision authorizing Secretary to adjust date of appointment. 1985—Subsec. (b). Pub. L. 99–145 substituted ‘‘rear ad- miral (lower half)’’ for ‘‘commodore’’. 1983—Subsec. (b). Pub. L. 97–417 substituted provision that, notwithstanding any other law, when the running mate of a reserve officer serving in the grade of com- modore is promoted to the grade of rear admiral, the reserve officer shall also be promoted to that grade, for provision that, notwithstanding any other law and when a Reserve officer’s running mate was so entitled, a Reserve officer in the grade of rear admiral was enti- tled to the pay and allowances of the upper half for duty performed. § 3748. Type of promotion; temporary Notwithstanding any other law, if a Reserve officer is promoted when the officer’s running mate is promoted and the promotion of the run- ning mate is on a temporary basis, the pro- motion of the Reserve officer is also on a tem- porary basis. If subsequently the running mate is reverted to a lower grade, other than for rea- sons of discipline, incompetence, or at the run- ning mate’s request, the Reserve officer shall likewise revert to the same lower grade with corresponding precedence. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1012, § 737; renumbered § 3748, 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 790 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 737 of this title as this section. § 3749. Effect of removal by the President or fail- ure of consent of the Senate (a) The President may, for cause, remove the name of any officer from a list of selectees es- tablished under section 3740 of this title. 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 officer, other than one serving in the grade of captain, who is, or is senior to, the junior officer in the promotion zone established for the officer’s grade, fails of selection if not se- lected for promotion by the selection board that considered the officer, or if having been selected for promotion by the board, the officer’s name is thereafter removed from the report of the board by the President. (b) A Reserve officer is not considered to have failed of selection if the officer was not consid- ered by a selection board because of administra- tive error. If that officer is selected by the next appropriate selection board after the error is discovered, and is promoted, the same date of rank and precedence shall be assigned that would have been assigned if the officer had been recommended for promotion by the selection board that originally would have considered the officer but for the error. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1013, § 739; renumbered § 3750, 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 796 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 739 of this title as this section. § 3751. Failure of selection and removal from an active status (a) The Secretary— (1) may remove from an active status a Re- serve officer who has twice failed of selection to the next higher grade; and (2) shall remove from an active status a Re- serve officer serving in the grade of captain who has completed thirty years of total com- missioned service and whose name is not car- ried on an approved list of selectees for pro- motion 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 sub- section (a)(1) of this section shall be retained for the period prescribed by the Secretary. (c) Subject to section 12646 of title 10, a Re- serve officer who is removed from an active sta- tus 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 dis- charged 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 ap- pointment in the grade of ensign shall be com- puted 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 commis- sioned service performed in a grade above com- missioned warrant officer or the same total commissioned service as an officer of the Reg- ular 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. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1013, § 740; amended Pub. L. 97–417, § 2(15), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 103–337, div. A, title XVI, § 1677(b)(5), Oct. 5, 1994, 108 Stat. 3020; Pub. L. 112–213, title II, § 217(14),