14 U.S.C. § 3752 — Retention boards; removal from an active

Page 217 TITLE 14—COAST GUARD § 3753 Dec. 20, 2012, 126 Stat. 1558; renumbered § 3751, 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 787 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 740 of this title as this section. 2012—Subsec. (d). Pub. L. 112–213 substituted ‘‘that appointment to the Reserve’’ for ‘‘that appointment’’. 1994—Subsec. (c). Pub. L. 103–337 substituted ‘‘section 12646 of title 10’’ for ‘‘section 1006 of title 10’’. 1985—Subsec. (a)(2). Pub. L. 99–145 substituted ‘‘rear admiral (lower half)’’ for ‘‘commodore’’. 1983—Subsec. (a)(2). Pub. L. 97–417 substituted ‘‘com- modore’’ for ‘‘rear admiral’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces. § 3752. Retention boards; removal from an active status to provide a flow of promotion (a) Notwithstanding any other provision of this title, whenever the Secretary determines that it is necessary to reduce the number of Re- serve officers in an active status in any grade to provide a steady flow of promotion, or that there is an excessive number of Reserve officers in an active status in any grade, the Secretary may appoint and convene a retention board to consider all of the Reserve officers in that grade in an active status who have 18 years or more of service for retirement, except those officers who— (1) are on extended active duty; (2) are on a list of selectees for promotion; (3) will complete 30 years total commis- sioned service by June 30th following the date that the retention board is convened; or (4) have reached age 59 by the date on which the retention board is convened. The retention board shall select and recommend a specified number of the officers under consid- eration for retention in an active status. (b) This board shall— (1) to the extent practicable, consist of at least 50 per centum Reserve officers; (2) consist only of officers who are senior in rank to any officers being considered by that board; and (3) to the extent practicable, consist of offi- cers who have not served on the last previous retention board which considered officers of the same grade. (c) Subject to section 12646 of title 10, a Re- serve officer who is not recommended for reten- tion in an active status under this section shall be given an opportunity to transfer to the Re- tired Reserve, if qualified, but unless so trans- ferred shall, in the discretion of the Secretary, be transferred to the inactive status list or dis- charged on June 30 next following the date on which the report of the retention board is ap- proved. (d) The provisions of section 2117 of this title shall, to the extent that they are not incon- sistent with this subchapter, apply to boards convened under this section. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1014, § 741; amended Pub. L. 101–225, title II, § 203(5), Dec. 12, 1989, 103 Stat. 1911; Pub. L. 103–206, title II, § 203, Dec. 20, 1993, 107 Stat. 2420; Pub. L. 103–337, div. A, title XVI, § 1677(b)(5), Oct. 5, 1994, 108 Stat. 3020; Pub. L. 104–106, div. A, title XV, § 1501(e)(1)(B), Feb. 10, 1996, 110 Stat. 501; re- numbered § 3752 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 787a 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 741 of this title as this section. Subsec. (d). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2117’’ for ‘‘section 260’’. 1996—Subsec. (c). Pub. L. 104–106 substituted ‘‘section 12646 of title 10’’ for ‘‘section 1006 of title 10’’. 1994—Subsec. (b). Pub. L. 103–337, which directed amendment of subsec. (b) by substituting ‘‘section 12646 of title 10’’ for ‘‘section 1006 of title 10’’, could not be executed because the words ‘‘section 1006 of title 10’’ did not appear in subsec. (b). 1993—Pub. L. 103–206 in subsec. (a) in first sentence substituted ‘‘, except those officers who—’’ and pars. (1) to (4) for ‘‘and are not on active duty and not on an ap- proved list of selectees for promotion to the next high- er grade’’, realigned margin of second sentence, in- serted ‘‘(b)’’ before ‘‘This board shall—’’ in third sen- tence and realigned margin, and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. 1989—Subsec. (a). Pub. L. 101–225 inserted ‘‘who have 18 years or more of service for retirement and are’’ be- fore ‘‘not on active duty’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of Title 10, Armed Forces. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces. § 3753. Maximum ages for retention in an active status (a) A Reserve officer, if qualified, shall be transferred to the Retired Reserve on the day the officer becomes 60 years of age unless on ac- tive duty. If not qualified for retirement, a Re- serve officer shall be discharged effective upon the day the officer becomes 60 years of age un- less on active duty.